Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.
United States District Court
The Burlington & Southwestern Bailway Company mortgaged its present and future-to-be-acquired property, consisting of its railroad then made and to be constructed, and having made default, the trustees to whom it was mortgaged brought suits to foreclose the mortgage, and a receiver was appointed, a decree entered, and the property sold; the receiver being the purchaser as trustee 'for the bondholders.
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The Burlington & Southwestern Bailway Company mortgaged its present and future-to-be-acquired property, consisting of its railroad then made and to be constructed, and having made default, the trustees to whom it was mortgaged brought suits to foreclose the mortgage, and a receiver was appointed, a decree entered, and the property sold; the receiver being the purchaser as trustee 'for the bondholders. Subsequently to the execution of the mortgage, but before the foreclosure and sale, a contract was entered into between the railway compañy and the Western Union Telegraph Company, complainant…
1Opinion of the CourtMcCrary, C. J.
We will consider,'in the light of the foregoing facts — First, what are rights of the telegraph company with respect to the telegraph line and property, independently of the foreclosure proceedings; and, second, to what extent, if at all, are those rights affected by those proceedings.
It is insisted, on the part of the respondent, that the contract which is set out in the original bill, and under which complainant claims, is void by reason of certain provisions therein contained, which are alleged to he illegal, immoral, and contrary to public policy. Several clauses of the contract have…
2Cases cited44 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- United States v. New Orleans RailroadSupreme Court of the United States · 1871
39 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
- Weed v. Lyons Petroleum Co.District Court, D. Delaware · 1923
- Hall Mfg. Co. v. Western Steel & Iron WorksCourt of Appeals for the Seventh Circuit · 1915
18 more not listed; retrieve them via the Exa API.