Wheeling & L. E. R. Co. v. Carpenter
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Suit in equity by E. E. Carpenter, Franklin Leonard, Jr., and Joseph T. McCaddon against the Wheeling & Lake Erie Railroad Company, W. M. Duncan, its, receiver, and others. Decree for complainants, and defendant Railroad Company and its receiver appeal.
Read the full summary
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Suit in equity by E. E. Carpenter, Franklin Leonard, Jr., and Joseph T. McCaddon against the Wheeling & Lake Erie Railroad Company, W. M. Duncan, its, receiver, and others. Decree for complainants, and defendant Railroad Company and its receiver appeal. The Wheeling & Lake Erie Railway Company, a corporation of Ohio, owning a large part of the stock of the Wheeling, Lake Erie & Pittsburgh Coal Company, a corporation of Ohio, controlled it as a subsidiary…
1Opinion of the CourtPiollister, District Judge
(after stating the facts as above).
[1] The plan of reorganization of the coal company was in fact the plan of the railroad company. By its agents and employes it brought about the incorporation of the new coal company to take over the assets of the old coal company, which it controlled. It engineered the various steps through which the prior lien obligations were exchanged for the obligations of the old coal company prior to its bonded indebtedness, and the new bonds were issued in exchange for the old bonds at a reduction of 25 per cent, of their face value, and the stock of the new company…
2Cases cited4 opinions
- Hawkins v. United StatesSupreme Court of the United States · 1877
- James Hampson's Adm'r v. SumnerOhio Supreme Court · 1849
- Chesapeake & O. R. v. McKellCourt of Appeals for the Sixth Circuit · 1913
- Lovering v. Buck Mountain Coal Co.Supreme Court of Pennsylvania · 1867
3Cited by12 opinions
- Zahn v. Transamerica CorporationCourt of Appeals for the Third Circuit · 1947
- Lebold v. Inland Steel Co.Court of Appeals for the Seventh Circuit · 1941
- Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977
- New York Trust Co. v. CarpenterCourt of Appeals for the Sixth Circuit · 1918
- Baldwin Rubber Co. v. Paine & Williams Co.Court of Appeals for the Sixth Circuit · 1939
7 more not listed; retrieve them via the Exa API.