Appellate Division of the Supreme Court of New York, 1911

Carlsen v. Omaha Water Co.

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

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

Counsel

Frederick Geller of counsel [Frederick Beltz, Jr., attorney], for the plaintiff., Geller, Rolston & Horan, attorneys for the defendant Farmers’ Loan and Trust Company., Howard Mansfield of counsel [Lord, Day & Lord, attorneys], for the defendant The Omaha Water Company.

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.