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NORTHWESTERN TEL. CO. v. W. UNION TEL. CO.

197 Misc. 1075 (1950)

Northwestern Telegraph Company, Plaintiff, v. Western Union Telegraph Company et al., Defendants, and Travelers Insurance Company, Intervener, Defendant.

Supreme Court, Special Term, New York County.

May 25, 1950.

Attorney(s) appearing for the Case

Ganson J. Baldwin for plaintiff.

John H. Waters and William G. H. Acheson for Western Union Telegraph Company, defendant.

Dulaney Mahan, Jr., J. H. Baehr and A. G. Baehr for Robert E. Rogers, defendant.

Milton Pollack and Richard F. Wolfson for Sulzbacher, Granger & Co., defendant.

Louis C. Fieland for Richard S. Temko, defendant.

J. G. Donovan for intervener, defendant.

WALTER, J.

By agreement of May 7, 1881, plaintiff, a Wisconsin corporation, having a capital stock of $2,500,000 represented by 50,000 shares of the par value of $50 each, leased all its property to Western Union Telegraph Co. for a term of ninety-nine years from July 1, 1881; and for the use and occupation of such property Western Union agreed to pay to the owners of mortgage bonds issued by plaintiff the interest...

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