Phœnix Iron-Works Co. v. New York Security & Trust Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the District of Kentucky. Bill ivas filed in the court below September 18, 1895, for foreclosure of mortgage executed by the Capital Railway Company, a Corporation organized under the laws of Kentucky’, with its principal office and business in the city of Frankfort, in that state, in favor of the New York Security & Trust Company, the original plaintiff in the court below': the same being a trust mortgage.
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Appeal from the Circuit Court of the United States for the District of Kentucky. Bill ivas filed in the court below September 18, 1895, for foreclosure of mortgage executed by the Capital Railway Company, a Corporation organized under the laws of Kentucky’, with its principal office and business in the city of Frankfort, in that state, in favor of the New York Security & Trust Company, the original plaintiff in the court below': the same being a trust mortgage. The complainant is a corporation organized under the laws of the state of New York. The Capital Railway Company, tlie defendant,…
1Opinion of the CourtClark, District Judge
The learned circuit judge rested his decision in the case upon two grounds: First. That the machinery constituting the steam *759plant and motive power, without which the railway company could not be operated, became, when furnished, an essential, integral part of the railway system, and, being a part of the original construction work, passed directly under the terms of the general mortgage, and Shat the stipulation in the contract between Whitley and the petitioner, retaining title, was invalid as against the first mortgage. Second. It was further held that a contract of this character,…
2Cases cited10 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Dillon v. BarnardSupreme Court of the United States · 1875
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- Guaranty Trust Co. v. Galveston City R.Court of Appeals for the Fifth Circuit · 1901
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
- Morrow Manufacturing Co. v. Race Creek Coal Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Evans v. KisterCourt of Appeals for the Sixth Circuit · 1899
4 more not listed; retrieve them via the Exa API.