Dillon v. Barnard
Supreme Court of the United States
Appeal from the Circuit Court.for the District of Massa chusetts; the case being thus: The Boston, Hartford, and Erie Railroad Company; a corporation existing under the laws of Massachusetts, Rhode Island, Connecticut, and New York, and having a railway (then partially constructed and subject to certain mortgages and other liens) between certain points in those States, on the 19th of March, 1866, by its indenture of mortgage of that date, conveyed to Berdell and others all…
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Appeal from the Circuit Court.for the District of Massa chusetts; the case being thus: The Boston, Hartford, and Erie Railroad Company; a corporation existing under the laws of Massachusetts, Rhode Island, Connecticut, and New York, and having a railway (then partially constructed and subject to certain mortgages and other liens) between certain points in those States, on the 19th of March, 1866, by its indenture of mortgage of that date, conveyed to Berdell and others all its railways, rights, leases, priviléges, and franchises, and all its property then owned or thereafter to be acquired,…
1Opinion of the Court
Mr. Justice FIELD,
after stating the facts of the case, delivered the opinion of the.court, as follows:
The plaintiff has brought the present suit against the new trustees under the mortgage, and the assignees in bankruptcy, to charge the property held by them with the amount of his demand remaining unpaid for work done under his contract with the company. In support of his pretension he insists that under the indenture his contract, when it obtained the assent of two of the trustees, became a charge upon the moneys received by the corporation from the sale of the bonds: that the trustees under…
2Cases cited1 opinion
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
3Cited by92 opinions
- Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Pennie v. ReisSupreme Court of the United States · 1889
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
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