Long Island Loan & Trust Co. v. Long Island City & Newtown Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens Oounty Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2till day of March, 1902, confirming the report of the referee herein and directing a sale in foreclosure. The 5th and 7th clauses of the mortgage referred to in the opinion are as follows.: “Fifth.
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Appeal by the defendant, the New York and Queens Oounty Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2till day of March, 1902, confirming the report of the referee herein and directing a sale in foreclosure. The 5th and 7th clauses of the mortgage referred to in the opinion are as follows.: “Fifth. In case.default shall be made in the payment of any half year’s interest or* any of the aforesaid bonds at the time and in the manner in the coupon issued therewith provided the said coupon having…
1Opinion of the Court
.Willard Bartlett, J.:
This is a suit by a trustee under a mortgage to foreclose the same for the non-payment of interest represented by coupons detached from bonds of the Long Island City and Newtown Railroad Company with which they were issued. The case was tried before the Hon. Ernest Hall as referee, who found $31,251.91 to be due upon the coupons and directed judgment of foreclosure. This appeal is taken by the New York and Queens County Railway Company, which has acquired the mortgaged property under a subsequent mortgage to that in suit.
The plaintiff’s authority to bring the action is…
2Cases cited3 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Union Trust Co. v. Monticello & Port Jervis Railway Co.New York Court of Appeals · 1875
- Waterbury v. Tucker & Carter Cordage Co.New York Court of Appeals · 1897
3Cited by3 opinions
- Hamilton v. Wheeling Public Service Co.West Virginia Supreme Court · 1921
- Riesgo v. Glengariffe Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Troughton v. Digmore Holding Co.New York Supreme Court · 1919