Louisville Trust Co. v. City of Cincinnati
U.S. Circuit Court for the District of Southern Ohio
The complainant, a Kentucky corpora l ion, sues as trustee under a mortgage executed January 1, 1889, by the Cincinnati Inclined Plane Bailway Company, to secure the payment oí its negotiable bonds to the amount: of $500,000, with 6 per cent, interest.
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The complainant, a Kentucky corpora l ion, sues as trustee under a mortgage executed January 1, 1889, by the Cincinnati Inclined Plane Bailway Company, to secure the payment oí its negotiable bonds to the amount: of $500,000, with 6 per cent, interest. The mortgage covers the inclined piano railway of the mortgagor, including the machinery, engines, boilers, and fixtures connected therewith, and the real estate and right of way upon which the same are situated, in the city of Cincinnati, Ohio; also, the street railway known as “Route No. 8,” in said city, and all the street railways owned and…
1Opinion of the Court
SAGE, District Judge.
Before discussing the question whether the decision of the supreme court of Ohio, referred to in the answer, in the case of City of Cincinnati v. Inclined Plane Ry. Co., 52 Ohio St. 609, 44 N. E. 327, is binding on this court, the force and effect of the statute of Ohio passed March 30, 1877, will, independently of that decision, be considered. The act is as follows: '
“Section 1. Be it enacted by the general assembly of. the state of Obio, that any inclined plane railway or railroad company heretofore or that may hereafter [be] organized under the act of May 1, A. D.…
2Cases cited28 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Chicago v. SheldonSupreme Court of the United States · 1870
- Claiborne County v. BrooksSupreme Court of the United States · 1884
- The Binghamton BridgeSupreme Court of the United States · 1866
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3Cited by3 opinions
- Piedmont Coal Co. v. HusteadCourt of Appeals for the Third Circuit · 1923
- Western Union Telegraph Co. v. Louisville & N. R.Court of Appeals for the Seventh Circuit · 1914
- In re ThompsonDistrict Court, W.D. Pennsylvania · 1923