Ohio Central R. Co. v. Central Trust Co. of NY
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case, as stated by the court, was as-follows: The Central Trust Company of New York filed its bill on the 7th day of January, Am. 1884, in the Circuit Court of the United States for the Northern District of Ohio against The-Ohio Central Railroad Company, alleging the creation prior to January 1, 1880, of-,,a corporation by that name, and its execution ón January 1, 18S0, of three…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The case, as stated by the court, was as-follows: The Central Trust Company of New York filed its bill on the 7th day of January, Am. 1884, in the Circuit Court of the United States for the Northern District of Ohio against The-Ohio Central Railroad Company, alleging the creation prior to January 1, 1880, of-,,a corporation by that name, and its execution ón January 1, 18S0, of three thousand bonds for one thousand dollars each, bearing that date and payable to bearer on January 1, 1920, .at six per cent…
1Opinion of the CourtChief Justice Fullee
These first mortgage bonds matured January 1, 1920, and there was no provision in them nor in the mortgage that they should become due or could be declared due before that date; nor were there any allegations in the bill upon which to predicate a finding or decree to that effect.
The mortgage provided that in case of entry by the trustee for nonpayment of interest, or of principal at maturity, the income and revenue should .be applied to the payment of such. interest and the residue to the payment of the principal; and that, if the property went to sale, the net proceeds should be applied “to…
2Cases cited4 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Willamette Manufacturing Co. v. Bank of British ColumbiaSupreme Court of the United States · 1886
3Cited by55 opinions
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- Securities & Exchange Commission v. LawbaughDistrict Court, D. Maryland · 2005
- Marshall v. BaggettCourt of Appeals for the Eighth Circuit · 2010
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Lybass v. Town of Fort MyersSupreme Court of Florida · 1908
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