Germania Safety-Vault & Trust Co. v. Boynton
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. This bill was filed by O. W. Boynton, a citizen of the state of Illinois, against the Kentucky Malting Company, a corporation of the state of Kentucky, and others, for the purpose of enforcing for his benefit a mortgage upon the property of the malting company, made in 1882, to secure an issue of 120 bonds, for $500 each, bearing interest payable semiannually.
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Appeal from the Circuit Court of the United States for the District of Kentucky. This bill was filed by O. W. Boynton, a citizen of the state of Illinois, against the Kentucky Malting Company, a corporation of the state of Kentucky, and others, for the purpose of enforcing for his benefit a mortgage upon the property of the malting company, made in 1882, to secure an issue of 120 bonds, for $500 each, bearing interest payable semiannually. The malting company was a corporation organized in 1876, under the general laws of Kentucky, for the puipose of buying and selling malt, grain, and…
1Opinion of the Court
After stating the facts as above, the opinion of the court was delivered by
LURTON, Circuit Judge.
The conceded facts are that these bonds were used by. Herman and Pank as collateral security for .their individual debt to Boynton. Herman and Pank were both officers of the Kentucky Malting Company, and as such their possession of these corporate securities was presumably the possession of the corporation. Boynton knew that Herman was the president, and Pank the secretary and treasurer, of the corporation whose bonds they proposed to give him as security for their individual debt. Under these…
2Cases cited16 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
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3Cited by23 opinions
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Robert Gair Co. v. Columbia Rice Packing Co.Supreme Court of Louisiana · 1909
- Ashman v. MillerCourt of Appeals for the Sixth Circuit · 1939
- Mooney v. Mooney Co.Washington Supreme Court · 1912
- Palo Alto Mutual Building & Loan Ass'n v. First National BankCalifornia Court of Appeal · 1917
18 more not listed; retrieve them via the Exa API.