Legal Opinion

Canada Southern Railway Co. v. Gebhard

Supreme Court of the United States

Decided December 17, 1883No. 72PublishedCited by 188 opinions

at,t. : nr error to the circuit court of the united states for . THE SOUTHERN DISTRICT OF NEW YORK. Suits (commenced in the Supreme Court of the State of New York and removed to the Circuit Court of the United States for the Southern District of New York), by holders of mortgage bonds of the Canada Southern Railway Company, and of extension bonds, to recover on their extension bonds and on the interest coupons: on their mortgage bonds.

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at,t. : nr error to the circuit court of the united states for . THE SOUTHERN DISTRICT OF NEW YORK. Suits (commenced in the Supreme Court of the State of New York and removed to the Circuit Court of the United States for the Southern District of New York), by holders of mortgage bonds of the Canada Southern Railway Company, and of extension bonds, to recover on their extension bonds and on the interest coupons: on their mortgage bonds. The following are the facts as stated by the court: What is now known as the-Canada Southern Railway Company was originally incorporated on the 28th of…

1Opinion of the CourtChief Justice Waite

After reciting the foregoing facts, he said:

Two questions are presented for our consideration:

1. Whether the “ Arrangement Act ” is'valid in Canada, and had the effect of binding non-assenting bondholders within the Dominion by the terms of the scheme; and,

2. Whether, if it did have that effect in Canada, the courts of the United States should give it the same effect as against citizens of the United States whose rights accrued before its passage.

1. There is no constitutional prohibition in Canada against the passage of laws impairing the obligation of contracts, and the Parliament of the…

2Cases cited3 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Railroad Co. v. KoontzSupreme Court of the United States · 1881
  3. Relfe v. RundleSupreme Court of the United States · 1881

3Cited by188 opinions

  1. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
  2. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  3. United States v. PinkSupreme Court of the United States · 1942
  4. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  5. Hawkins v. GlennSupreme Court of the United States · 1889

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