Rumsey v. Peoples Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The court bas no authority to sequestrate the money found in the treasury of the Peoples Railway Company prior to and at the date of the appointment of the receiver for any purpose whatever, inasmuch as it was not covered by the deed of trust foreclosed, or by any lien. In re Life Assn, of America, 96 Mo. 632; Eontaine v. Schulenberg & B. L. Co., 109 Mo. 64; White v. Wear, 4 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The court bas no authority to sequestrate the money found in the treasury of the Peoples Railway Company prior to and at the date of the appointment of the receiver for any purpose whatever, inasmuch as it was not covered by the deed of trust foreclosed, or by any lien. In re Life Assn, of America, 96 Mo. 632; Eontaine v. Schulenberg & B. L. Co., 109 Mo. 64; White v. Wear, 4 Mo. App. 341; Armour Packing Co. v. Wolf, 59 Mo. App. 665; Ereedmen’s Savings & Trust Co. v. Shepard et al., 127 U. S. 494; Gillman v. Tel. Co., 91…
1Opinion of the Court
BLAND, P. J.-
— On the sixth day of March, 1897, plaintiff Rumsey commenced a suit in the circuit court of the city of St. Louis for himself and all other holders of third-mortgage bonds to foreclose a third-mortgage deed of trust executed by the Peoples Railway Company to C. C. Maffitt as trustee to secure bonds of said railway company described in said mortgage deed of trust Summons were duly served on the company and Maffitt The Germán American Bank and others filed an intervening petition. The railway company and Maffitt filed answers. - At the April term, 1897, the circuit court entered a…
2Cases cited6 opinions
- Rumsey v. Peoples Railway Co.Supreme Court of Missouri · 1900
- Fontaine v. Schulenburg & Boeckler Lumber Co.Supreme Court of Missouri · 1891
- Rumsey v. People's Railway Co.Supreme Court of Missouri · 1894
- In re the Life Ass'n of AmericaSupreme Court of Missouri · 1888
- Armour Packing Co. v. Wolff & Co.Missouri Court of Appeals · 1894
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3Cited by1 opinion
- Vrooman v. Burdett.Supreme Court of Missouri · 1935