BECK v. MFRS. HANOVER


218 A.D.2d 1 (1995)

632 N.Y.S.2d 520

Hubert P. Beck et al., Appellants, v. Manufacturers Hanover Trust Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

September 28, 1995


Attorney(s) appearing for the Case

Stuart Hecker and Peter J. Steckler for appellants.

Adlai S. Hardin, Jr., of counsel (Susanne M. Toes on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for respondent.

SULLIVAN and ROSENBERGER, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents and would affirm the order of November 25, 1992, for the reasons stated by Schackman, J.


MURPHY, P. J.

Plaintiffs are holders of defaulted bearer bonds from two series of such instruments issued in 1902 by the National Railway Company of Mexico, a Utah corporation. The first series of bonds, referred to in this litigation as the "Debt 17 Bonds", was comprised of prior lien gold bonds due on October 1, 1926, and the second, referred to as the "Debt 18 Bonds", of consolidated mortgage bonds due on October...

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