Central Trust Co. and another v. Texas & St. L. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Tlie course followed by tlio defendant heroin is explained in the opinions delivered upon applications for leave to file an answer, reported in 23 Fed.
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In Equity. Tlie course followed by tlio defendant heroin is explained in the opinions delivered upon applications for leave to file an answer, reported in 23 Fed. Rep. 846, and ante, 151. The applications of the defendant having been denied, Mr. Bagnell now appears and states in substance that he holds bonds of the defendant; that the foreclosure suit was instituted without any default on the defendant’s part in the payment of interest or otherwise; that a sale of the road would result in a great loss to the bondholders; and that an application by the defendant for leave to file an answer has…
1Opinion of the CourtTreat, J.
This application has been presented on the hypothesis that the defendant corporation had not appeared, or through default had not been allowed to appear. At the request of the court it has been presented before the decision of the application made by the defendant corporation itself, in order that the whole subject might be fully considered at the same time. As intimated in the opinion heretofore given, individual stockholders or bondholders who are not content with the action had in their behalf by their trustees or others charged with their interest, should take, with due diligence, for…
2Cases cited1 opinion
- Hawes v. OaklandSupreme Court of the United States · 1882
3Cited by1 opinion
- Oahu Railway & Land Co. v. ArmstrongHawaii Supreme Court · 1907