Crane Co. v. Fidelity Trust Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. Suit in equity by the Fidelity Trust Company, trustee, against the Washington-Oregon Corporation, Willis D. Hoag, its receiver,' and others, in which the Crane Company intervened. From a decree denying it priority, the Crane Company appeals.
1DissentGilbert, Circuit Judge
There are two grounds on which I think it should be held in this case that the mortgagee, coming into a court of equity seeking equitable relief, and asking for the appointment of a receiver, should be required to do equity, and submit to the preferred payment of claims of the appellant which, within a reasonable time prior to the receivership, furnished goods to keep the mortgaged property a going concern, in the expectation of payment out of the income, but which has not been paid because of the diversion of the income to the payment of interest or betterments. One is the broad principle…
2Cases cited38 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
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