Central Trust Co. of New York v. Indiana & L. M. R. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit. Court of the United States for the District of Indiana. The appellee the Terre Haute & Indianapolis Railroad Company (herein for brevity, called the “Indianapolis Company”) was incorporated in the year 1SÍ7 by a special act of tlie legislature of 1he state of Intliana, and constructed and operated a railway extending from tlie eity of Indianapolis, in that state, to a point on the western line of the state near the city of Terre Haute, — a distance…
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Appeal from the Circuit. Court of the United States for the District of Indiana. The appellee the Terre Haute & Indianapolis Railroad Company (herein for brevity, called the “Indianapolis Company”) was incorporated in the year 1SÍ7 by a special act of tlie legislature of 1he state of Intliana, and constructed and operated a railway extending from tlie eity of Indianapolis, in that state, to a point on the western line of the state near the city of Terre Haute, — a distance of about 70 miles. The act of incorporation authorized the construction of tlie railway from the westerly line of the…
1Opinion of the CourtJenkins, Circuit Judge
Since the hearing in this court, the counsel for certain unnamed bondholders petitioned for leave to submit an argument upon the' question of the right of the Central Trust Company, trustee, to recover upon the guaranty in question; insisting that the appellant was trustee of the bondholders in respect of the mortgaged premises; that upon foreclosure of the mortgage, and distribution of the proceeds of sale, the functions of the trustee ceased, and it had no authority under the law or under the trust deed to maintain a suit at law,or in equity to recover a personal judgment or decree against…
2Cases cited14 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- St. Louis S. W. Ry. Co. v. HensonCourt of Appeals for the Eighth Circuit · 1893
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3Cited by3 opinions
- Eel River Railroad v. State ex rel. KistlerIndiana Supreme Court · 1900
- Cumberland Telephone & Telegraph Co. v. City of EvansvilleU.S. Circuit Court for the District of Indiana · 1903
- Cox v. Terre Haute & I. R. Co.Court of Appeals for the Seventh Circuit · 1904