From Casetext: Smarter Legal Research

Austin v. Atlantic Beach Bridge Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 721 (N.Y. App. Div. 1935)

Opinion

February, 1935.


Order denying plaintiffs' motion for a receiver, in an action to foreclose mortgages covering the property and franchises of a bridge corporation, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion, there existed at the time of the execution and delivery of the mortgages in question statutory authority enabling the respondent to make the mortgages in question. (General Corp. Law, § 2; Stock Corp. Law, § 16.) In the exercise of a sound discretion the motion should have been granted. Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ., concur.


Summaries of

Austin v. Atlantic Beach Bridge Corporation

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1935
243 App. Div. 721 (N.Y. App. Div. 1935)
Case details for

Austin v. Atlantic Beach Bridge Corporation

Case Details

Full title:MARY AUSTIN and REBECCA J. AUSTIN, as All of the Executrices of and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1935

Citations

243 App. Div. 721 (N.Y. App. Div. 1935)