Hale v. Frost
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Iowa. Between 1867 and 1873, The Burlington, Cedar Rapids, and Minnesota Railway Company, a corporation duly organized under the laws of Iowa, built and put in operation its main line from Burlington, via Cedar Rapids, to Plymouth; the Pacific Division, extending west from the main line at Vinton; the Muscatine Division, extending from Muscatine west across the main line ; and the Milwaukee Extension,…
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Appeal from the Circuit Court of the United States for the District of Iowa. Between 1867 and 1873, The Burlington, Cedar Rapids, and Minnesota Railway Company, a corporation duly organized under the laws of Iowa, built and put in operation its main line from Burlington, via Cedar Rapids, to Plymouth; the Pacific Division, extending west from the main line at Vinton; the Muscatine Division, extending from Muscatine west across the main line ; and the Milwaukee Extension, extending from the main line near Cedar Rapids to Postville. The main [ine was mortgaged May, 1869 ; the Pacific Division,…
1Opinion of the CourtChief Justice Waite
announced the decision of the court.
- The first question certified in this case is answered in the affirmative, upon the authority of Fosdick v. Schall, supra, p. 235.
The third question is answered in the same way upon the same authority. The Union Car-Spring Manufacturing Company is entitled to payment in full, and Hale, Ayer, & Co. to payment of so much of their claim only as is for supplies to the machinery department. There is nothing in the case to show any special equities in their favor in respect to that part of their account which is for material for construction purposes.
An answer…
2Cited by1 opinion
- Hale v. FrostSupreme Court of the United States · 1879