Central Trust Co. v. East Tennessee, V. & G. Ry. Co.
District Court, E.D. Tennessee
This was a suit by the Central Trust Company against the East Tennessee, Virginia & Georgia Railway Company for the foreclosure of a mortgage. One James intervened, asking judgment against the railroad company for the loss of certain property, and claiming priority for such judgment over the mortgage. The special master to whom his petition was referred reported in favor of the intervener-. The railway company and the trust company excepted to his report.
1Opinion of the Court
CLARK, District Judge.
James intervenes in this foreclosure suit, and asserts a claim against defendant company for the value of goods lost in the destruction by fire of defendant’s depot at Mossy Creek, June 6, 1892. Priority of payment out of the proceeds arising from sale of the mortgaged property is claimed against the lien of the mortgage under the act of the general assembly of 1877. The goods were sold on order, and shipped from Knoxville, Tenn., May 18, 1892, to intervener, at Mossy Creek, Tenn. An invoice of these goods was sent by seller to intervener by mail on same day the goods *765wer…
2Cases cited18 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
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