St. Louis Trust Co. v. Riley
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This was an intervening petition, filed by W. H. H. Riley, by his next friend, C. C. Riley, in the consolidated suit of the St. Louis Trust Company against the Capital Street-Railway Company, and the Atlantic Trust Company against the City Electric Street-Railway Company, to procure payment out of the earnings of the defendant railway companies of a judgment in the sum of $5,000,…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. This was an intervening petition, filed by W. H. H. Riley, by his next friend, C. C. Riley, in the consolidated suit of the St. Louis Trust Company against the Capital Street-Railway Company, and the Atlantic Trust Company against the City Electric Street-Railway Company, to procure payment out of the earnings of the defendant railway companies of a judgment in the sum of $5,000, recovered against them in an action for personal injuries. The court below' held that this claim was entitled to be preferred…
1Opinion of the Court
SANBORN, Circuit Judge.
Is a claim for damages caused by the negligence of a street-railway company, a mortgagor, five months before a receiver was appointed in a suit to foreclose a mortgage upon its property and income, entitled to be preferred to the mortgage debt in payment out of the earnings of the railroad during the receivership? This is the question presented in this case. It arises in this way. The “Capital Street-Railway Company, a corporation, which owned and operated a street railway in Little Rock, in the state of Arkansas, mortgaged its property, franchises, and income on April…
2Cases cited17 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Atlantic Trust Co. v. DanaCourt of Appeals for the Eighth Circuit · 1903
- Illinois Trust & Savings Bank v. DoudCourt of Appeals for the Eighth Circuit · 1900
- Sievers v. BrownOregon Supreme Court · 1899
- Pitcairn v. FisherCourt of Appeals for the Eighth Circuit · 1935
- Seaboard Air-Line Railway v. Knickerbocker Trust Co.Supreme Court of Georgia · 1906
26 more not listed; retrieve them via the Exa API.