People v. New York Central & Hudson River Railroad

Majority

p. 539

The People of the State of New York, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

Headnote

People v. N. Y. C. & H. R. R. R. Co., 138 App. Div. 601 , affirmed.

(Argued June 13, 1910;

decided June 17, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 6, 1910, in favor of plaintiff upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether certain equipment trust certificates and dividend warrants came within the provision of the Public Service Commissions Law prohibiting railroad corporations from issuing

p. 540

“ stocks, bonds, notes or other evidence of indebtedness payable at periods of more than twelve months after the date thereof” without permission from the proper commission.

Albert II. Ila/rris and Thomas Emery for apj>ellant.

ledyard P. Bale for respondent.

Judgment affirmed, with costs, on opinion of Smith, P. J., below.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscook and Chase, JJ.