Legal Opinion

Trust Co. of America v. Norfolk & S. Ry. Co.

U.S. Circuit Court for the District of Eastern Virginia

Decided October 13, 1909PublishedCited by 4 opinions

In Equity. Suit by the Trust Company of America against the Norfolk & Southern Railway Company to foreclose mortgage. On petition of Fergus Reid to be allowed to intervene as an individual bondholder.

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In Equity. Suit by the Trust Company of America against the Norfolk & Southern Railway Company to foreclose mortgage. On petition of Fergus Reid to be allowed to intervene as an individual bondholder. The purpose of this litigation is to foreclose a certain consolidated mortgage, executed by the Norfolk & Southern Railway Company to the Trust Company of America, trustee, upon its railroad property and franchises, and is before the court at this time upon the application of the trust company for a decree of sale in advance of the ascertainment of liens upon the property, and upon the petition…

1Opinion of the CourtWaddill, District Judge

(after stating the facts as above). On Wednesday', the 39th day.of September, 1909, two days before the time set to hear the application for sale of the property of the defendant railway, the petitioner, Reid, appeared and presented his petition, setting forth charges, briefly, that certain members of the syndicate having for its object the purchase of the securities of the defendant railway at the time of and with a view of its formation, collusively with the company and the Trust Company of America caused the indebtedness of the company to be augmented largely in excess of its real…

2Cases cited4 opinions

  1. Central Trust Co. v. Cincinnati, H. & D. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1908
  2. Bowling Green Trust Co. v. Virginia Passenger & Power Co.U.S. Circuit Court for the District of Eastern Virginia · 1904
  3. Fink v. Bay Shore Terminal Co.Court of Appeals for the Fourth Circuit · 1906
  4. Bowling Green Trust Co. v. Virginia Passenger & Power Co.U.S. Circuit Court for the District of Eastern Virginia · 1908

3Cited by4 opinions

  1. Fidelity Trust Co. v. Washington-Oregon Corp.District Court, W.D. Washington · 1914
  2. American Trust & Safe Deposit Co. v. 180 East Delaware Building Corp.Appellate Court of Illinois · 1931
  3. Reid v. Judges of Circuit CourtCourt of Appeals for the Fourth Circuit · 1909
  4. American National Bank & Trust Co. v. Illinois Improvement & Building Corp.Appellate Court of Illinois · 1935

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