Lehigh & Hudson River Railway Co. v. Central Trust Co.

Majority

p. 599

The Lehigh and Hudson River Railway Company, Appellant, v. Central Trust Company of New York, Respondent.

Headnote

Lehigh & Hudson River Ry. Co. v. Central Trust Co., 133 App. Div. 304 , affirmed.

(Argued October 25, 1910;

decided November 15, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 15, 1909, reversing in part a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial in an action to compel the defendant as trustee under the general mortgage of the plaintiff corporation to deliver to it certain shares of stock

p. 600

and certain bonds. The judgment was reversed only in so far as it directed delivery of the bonds.

John G. Milburn and John J. Beattie for appellant.

Arthur II. Van Brunt for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J.., Gray, Haight, Yann, Willard Bartlett, Hiscock and Collin, JJ.