Thomas v. Cincinnati, N. O. & T. P. Ry. Co.
U.S. Circuit Court for the District of Southern Ohio
On the Intervening Petition of Samuel M. Felton, Receiver. In the matter of payment of interest upon the rent due to the city of Cincinnati. The city of Cincinnati is the owner of a railway running from Cincinnati to Chattanooga. The railway is held for the city by the trustees of the Cincinnati Southern Railway.
Read the full summary
On the Intervening Petition of Samuel M. Felton, Receiver. In the matter of payment of interest upon the rent due to the city of Cincinnati. The city of Cincinnati is the owner of a railway running from Cincinnati to Chattanooga. The railway is held for the city by the trustees of the Cincinnati Southern Railway. On the 12th of October, 1881, the trustees of the railway, by virtue of the power conferred by the general assembly of the state1 of Ohio, leased the road to the Cincinnati, New Orleans & Texas Pacific Railway Company for a period of 25 years at an annual rental expressed in the…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The question now made at the bar was mooted by the sinking fund trustees nearly 15 years ago. Since that time no installment of rent has been paid at the time fixed in the lease for payment, and yet no one on behalf of the city has ever until now attempted to exact from the lessee company or its receiver the payment of one cent of interest for the delay. Receipts have been given, which, in effect, were receipts in full, whenever the installment without interest has been tendered within the 90-days period, and, as if to emphasize the meaning of the receipts…
2Cases cited16 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Topliff v. TopliffSupreme Court of the United States · 1887
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Hamilton v. . Van RensselaerNew York Court of Appeals · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Long-Bell Lumber Co. v. StumpCourt of Appeals for the Eighth Circuit · 1898
- Butte Water Co. v. City of ButteMontana Supreme Court · 1914
- New York Trust Co. v. Detroit, T. & I. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Brown v. BradshawCourt of Appeals of Maryland · 1967
- City of South St. Paul v. Northern States Power Co.Supreme Court of Minnesota · 1933
3 more not listed; retrieve them via the Exa API.