Brown v. Toledo, P. & W. R. Co.
United States Circuit Court
In Equity. . In the matter of the claim of Philip Henry Brown and John Patton for rental for the use of the Toledo, Peoria & Western Railroad Company by the receivers of the Wabash Company.
1Opinion of the CourtGresham, J.
1. The Wabash Company had a leasehold interest, and no more, in the property of the Toledo, Peoria & Western Railroad, and by the terms of the lease that interest was liable to be forfeited for the non-payment of rent. The Wabash Company agreed to pay as part of the rent the, interest, as it became due, upon the first mortgage bonds of the Toledo, Peoria & Western. The mortgage which the Wabash Company executed, and which was foreclosed, bound the leasehold interest in the Toledo, Peoria & Western property, and nothing more. The relations between the Wabash and the Toledo, Peoria & Western at…
2Cited by2 opinions
- Clyde v. Richmond & D. R.U.S. Circuit Court for the District of South Carolina · 1894
- Felton v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1899