Legal Opinion

Risk v. Kansas Trust & Banking Co.

U.S. Circuit Court for the District of Kansas

Decided June 29, 1893PublishedCited by 8 opinions

In Equity. In the matter of the application of Mr. A. G-. Otis, a debenture bond holder, for the delivery of the mortgages securing his bonds by the receiver to a trastee for his benefit.

1Opinion of the Court

SANBORN, Circuit Judge.

On March 13, 1893, the complainant in this action obtained a judgment at law against the defendant in this court for about §9,000. This judgment was based on an unsecured debt of the defendant, and the complainant had no beneficial interest in ihe debenture bonds hereafter mentioned that were issued by the defendant, or in the collaterals pledged for their payment. On the same day, upon motion of complainant, without notice to the secured creditors, and with the consent of the defendant, a receiver of the property of the defendant was appointed. Prior to the…

2Cited by8 opinions

  1. Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
  2. City of Philadelphia v. LiebermanCourt of Appeals for the Third Circuit · 1940
  3. International Banking Corp. v. LynchCourt of Appeals for the Ninth Circuit · 1920
  4. Sumner Iron Works v. WoltenWashington Supreme Court · 1911
  5. National Cash Register Co. v. BurnsSupreme Court of South Carolina · 1950

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