Boston Safe-Deposit & Trust Co. v. Hudson
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of South Carolina. This was an application by H. T. Hudson, Jr., for payment to him, out of the proceeds of sale under foreclosure of the Charleston, Cincinnati & Chicago Railroad, of the amount of a judgment obtained by him against the railroad company. The circuit court granted the application. 61 Fed. 369. The Boston Safe-Deposit & Trust Company, the plaintiff in the foreclosure suit, appeals.
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Appeal from the Circuit Court of the United States for the District of South Carolina. This was an application by H. T. Hudson, Jr., for payment to him, out of the proceeds of sale under foreclosure of the Charleston, Cincinnati & Chicago Railroad, of the amount of a judgment obtained by him against the railroad company. The circuit court granted the application. 61 Fed. 369. The Boston Safe-Deposit & Trust Company, the plaintiff in the foreclosure suit, appeals. This is an appeal from the decree of the circuit court ordering a judgment of the appellee, Hudson, to be paid out of the proceeds…
1Opinion of the CourtMorris, District Judge
(after stating the facts). Whether or not Hudson’s claim for personal injury was entitled to be paid in preference to the debt secured by the mortgage depends upon the effect to be given to two sections of the North Carolina Code which was adopted in 1883. In adopting this Code, the legislature of North Carolina repealed all other statutes and declared that it should be construed as one act, and as if enacted on one day. The first section is found under the head “Corporations,” and is as follows:
“Sec. 685. How Corporations may Convey by Deed; Void as to Existing Creditors. It. C., c. 26, s.…
2Cases cited7 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Stockett v. Bird's Adm'rCourt of Appeals of Maryland · 1862
- Traders National Bank v. Lawrence M'f'g Co.Supreme Court of North Carolina · 1887
- Blalock v. Kernersville Manufacturing Co.Supreme Court of North Carolina · 1892
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Kansas City Southern Ry. Co.District Court, W.D. Arkansas · 1911
- Union Trust Co. v. Southern Sawmills & Lumber Co.Court of Appeals for the Fourth Circuit · 1908
- Thompson v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- United States v. BernaysCourt of Appeals for the Eighth Circuit · 1908
- Carter, Webster & Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1906
4 more not listed; retrieve them via the Exa API.