Legal Opinion

Union Trust Co. v. St. Louis, I. M. & S. R. Co.

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

Decided June 15, 1877PublishedCited by 3 opinions

This was an application by the complainant, the trustee in a ra.lway mortgage, for the ap]x>intment of a receiver. The material facts appear in the opinion of MILLER, Circuit Justice. The arguments were heard, at chambers, in Keokuk. May 31 and June 1, 1877.

1Opinion of the Court

MILLER, Circuit Justice.

The plaintiff is trustee in a mortgage made by the defendant to secure the payment of 828,000,000 up-on six hundred and eighty-six miles of railroad and its appurtenances, and some two or three million acres of land. Of these bonds only about three millions of dollars have been issued, and more than half of these are the property of Baring Bros. & Co., whose interests in the matter are in the hands of S. G. & G. C. Ward. The mortgage was executed and the bonds dated .May 6th, 1S74. It contained all the usual stringent covenants of a railroad mortgage — among others, an…

2Cases cited1 opinion

  1. American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877

3Cited by3 opinions

  1. McGeorge v. Big Stone Gap Imp. Co.U.S. Circuit Court for the District of Western Virginia · 1893
  2. Merriam v. St. Louis, Cape Girardeau & Fort Smith Railway Co.Supreme Court of Missouri · 1896
  3. Pennsylvania Co. for Insurance on Lives & for Granting Annuities v. Jacksonville, T. & K. W. Ry. Co.Court of Appeals for the Fifth Circuit · 1893

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