Legal Opinion

Sully v. American National Bank

Supreme Court of the United States

Decided May 28, 1900No. 266PublishedCited by 13 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. The contest in this case arises out of the insolvency of the Carnegie Land Company, a Yirginia corporation, doing business at the time of its insolvency in the State of Tennessee under the provisions of the act of the legislature of that State passed in 1877, and which was under review in this court in Blake v. McClung, 172 U. S. 239; 176 U. S. 59. The contest is between creditors of the company above named, who are…

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ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. The contest in this case arises out of the insolvency of the Carnegie Land Company, a Yirginia corporation, doing business at the time of its insolvency in the State of Tennessee under the provisions of the act of the legislature of that State passed in 1877, and which was under review in this court in Blake v. McClung, 172 U. S. 239; 176 U. S. 59. The contest is between creditors of the company above named, who are non-residents of the State of Tennessee, both those who are unsecured as well as those who are secured by mortgages upon the…

1Opinion of the Court

Mr. J ustioe Peckham,

after making the foregoing statement, delivered the opinion of the court.

There are two classes of creditors before the court, both of whom insist upon the erroneous character of the decree of the Supreme Court of the State. They are (a) general unsecured and- non-resident creditors, and (b) non-resident creditors, who are also mortgagees. The creditors suing out this writ of error are all non-residents of the State of Tennessee, and they claim to have been illegally discriminated against in the courts below by reason of the statute of Tennessee providing for preferences…

2Cited by13 opinions

  1. Home Insurance v. DickSupreme Court of the United States · 1930
  2. District of Columbia v. BrookeSupreme Court of the United States · 1909
  3. Puget Sound Power & Light Co. v. County of KingSupreme Court of the United States · 1924
  4. Witt, Rec'r v. Peoples State Bank of S.C.Supreme Court of South Carolina · 1932
  5. Rothschild v. KnightSupreme Court of the United States · 1902

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