City of Laporte v. Northern Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the Northern Trust Company and Arthur Heurtley, trustee, against the City oí Daporte, Ind. Decree for complainants, and defendant appeals.
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Appeal from the Circuit Court of the United States for the District of Indiana. Suit in equity by the Northern Trust Company and Arthur Heurtley, trustee, against the City oí Daporte, Ind. Decree for complainants, and defendant appeals. The city of Laporte appeals from a decree of foreclosure, in favor of tho appellees, as trustees under a mortgage executed by the Laporte Water Supply Company, au Indiana corporation, against the mortgagor and the city of Laporte. impleaded as defendants in the bill filed by the appellees. The mortgagor suffered default, but the city of Laporte filed an answer…
1DissentBaker, Circuit Judge
Agreeing, of course, that the pipes can physically be cut in two at the point where they cross the city limits, I do not see liow that bears upon either the physical fact of the present integrality of the supplemental plant or the legal fact of the unsplitable nature of the taxpayers’ asserted cause of action and the final decree thereon.
Plans for the construction of the new system as an entirety were agreed upon between the city officials and the contractors. Realizing that a direct contract between them would be futile, they determined *36to attempt the same end under cover. The result…
2Cases cited5 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- Union Trust Co. v. Southern Inland Navigation & Improvement Co.Supreme Court of the United States · 1889
- Diamond v. Lawrence CountySupreme Court of Pennsylvania · 1861
- Lockwood v. BatesCourt of Chancery of Delaware · 1833
- Jones v. McNarrinSupreme Judicial Court of Maine · 1878