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NEW YORK CENT. RD. v. NEW ENGLAND MERCHANTS NATL. BK.

344 Mass. 709 (1962)

183 N.E.2d 852

NEW YORK CENTRAL RAILROAD COMPANY vs. NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 6, 1962.

Attorney(s) appearing for the Case

Richard Wait for the plaintiff.

Alfred Gardner (Daniel O. Mahoney with him) for the defendants.

Present: SPALDING, WILLIAMS, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

SPIEGEL, J.

By this bill in equity the New York Central Railroad Company (into which the Boston and Albany Railroad Company has been merged) seeks a decree declaring that an Indenture of Trust and Mortgage (hereinafter referred to as the indenture) of the Boston and Albany Railroad Company (hereinafter referred to as the Company), executed and delivered on April 1, 1935, to The New England Trust Company (converted to a national banking association under the name of...

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