Carlsen v. Omaha Water Co.

Appellate Division of the Supreme Court of New York

Carlsen v. Omaha Water Co.

146 A.D. 702, 1911 N.Y. App. Div. LEXIS 3345

Appellate Division of the Supreme Court of the State of New York·Decided November 3, 1911·Published

Opinion

Clarke, J.;

The plaintiff is the owner and holder of $2,000 in amount of the consolidated bonds of the Omaha Water Company, secured by its mortgage'executed and delivered to the Farmers’Loan and Trust Company as trustee. The questions submitted are similar to those presented in Harnickell v. Omaha Water [703]*703Co. (146 App. Div. 693), and for the reasons stated in the opinion therein handed down this day judgment should be for the plaintiff, as prayed in the complaint, with costs.

Ingraham, P. J., Scott and Dowling, JJ., concurred; Laughlin, J., dissented.

Judgment ordered for plaintiff. Order to be settled on. notice.

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Clarke, J.;

The plaintiff is the owner and holder of $2,000 in amount of the consolidated bonds of the Omaha Water Company, secured by its mortgage'executed and delivered to the Farmers’Loan and Trust Company as trustee. The questions submitted are similar to those presented in Harnickell v. Omaha Water [703]*703Co. (146 App. Div. 693), and for the reasons stated in the opinion therein handed down this day judgment should be for the plaintiff, as prayed in the complaint, with costs.

Ingraham, P. J., Scott and Dowling, JJ., concurred; Laughlin, J., dissented.

Judgment ordered for plaintiff. Order to be settled on. notice.

Carlsen v. Omaha Water Co., 146 A.D. 702, 1911 N.Y. App. Div. LEXIS 3345 (N.Y. Ct. App. 1911).

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Opinion

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