In re the Trusteeship under a Certain Indenture of Mortgage Made
Appellate Division of the Supreme Court of the State of New York
Appeal by the Wm. Radam Microbe Killer Company from certain portions of an order made at the Kew York Special Term, bearing date the 23d day of February, 1906, and entered in the office of the clerk of the county of Hew York, appointing a substituted trustee, and also from an order, hearing date the 23d day of April, 1906, and entered in said clerk’s office, denying the appellant’s motion to resettle the aforesaid order.
1Opinion of the CourtMcLaughlin, J.
The appellant, a domestic corporation, executed and delivered to one Morris, as trustee, a mortgage to secure the payment of certain bonds. Morris accepted the trust and continued to act until Rovember 8, 1905, when he resigned, and thereupon the respondent Bostwick, alleging he was the owner of the outstanding bonds, was, upon his own application, appointed substituted trustee. The corporation appealed from so much of the order as appointed Bostwick trustee. The order was reversed and the matter remitted to the Special Term, with instruction to' appoint some disinterested person in place of…
2Cases cited2 opinions
- In re the Trusteeship under a Certain Indenture of MortgageAppellate Division of the Supreme Court of the State of New York · 1905
- Smith v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- In re HotchkissAppellate Division of the Supreme Court of the State of New York · 1910
- Hagar v. William Radam Microbe Killer Co.Appellate Division of the Supreme Court of the State of New York · 1907
- 4117 15th Ave. Realty Corp. v. HornedoAppellate Terms of the Supreme Court of New York · 2000
- Lewis v. Jewish Guild for the BlindAppellate Division of the Supreme Court of the State of New York · 1969