Appellate Division of the Supreme Court of New York, 1911

Carleson v. Omaha Water Co.

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

131 N.Y.S. 495 (New York Supplement)

Counsel

Frederick Beltz, Jr. (Frederick Geller, of counsel), for plaintiff. ., Geller, Rolston & Horan, for defendant Farmers’ Loan & Trust Co., Lord, Day & Lord (Howard Mansfield, of counsel), for defendant Omaha Water Go.

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 mort-. gage executed and delivered to the Farmers’ Loan & Trust Company, as trustee. The questions submitted are similar to those presented in Harnickell v. Omaha Water Company and Guaranty Trust Company of New York, 131 N. Y. Supp. 489, 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., and SCOTT and DOWLING, JJ., concur. LAUGHLIN, J., dissents.

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