Mersick v. Hartford & West Hartford Horse Railroad
Supreme Court of Connecticut
Appeal from the judgment of the Superior Court of Hartford County ((Jase, J.), in receivership and foreclosure proceedings, establishing the order in which the claims of intervening creditors should be paid out of the proceeds of the foreclosure sale. The defendant company was organized under the laws of this State, with power to equip and operate by' electricity a street railroad between certain points in Hartford and West Hartford.
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Appeal from the judgment of the Superior Court of Hartford County ((Jase, J.), in receivership and foreclosure proceedings, establishing the order in which the claims of intervening creditors should be paid out of the proceeds of the foreclosure sale. The defendant company was organized under the laws of this State, with power to equip and operate by' electricity a street railroad between certain points in Hartford and West Hartford. On the 1st of August, 1894, said company mortgaged all its property and franchises to the plaintiff,. State treasurer, as trustee, to secure the payment of its…
1Opinion of the CourtHall, J.
The mortgage to the plaintiff trustee was executed and recorded in accordance with the laws of this State permitting a street railway company to so mortgage all its property, including its franchise, to secure the payment of its bonds, and providing for the foreclosure of such mortgage in the same manner as ordinary mortgages of real estate. General Statutes, § 3848; Whittlesey v. Hartford, P. & F. R. Co., 23 Conn. 421, 435.
The funds in the hands of the receiver represent the corpus of the property thus mortgaged. They are the proceeds of a sale of the mortgaged property, under a judgment in…
2Cases cited8 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Burnham v. BowenSupreme Court of the United States · 1884
- Virginia & Alabama Coal Co. v. Central Railroad & Banking Co. of Ga.Supreme Court of the United States · 1898
- St. Louis, Alton & Terre Haute Railroad v. Cleveland, Columbus, Cincinnati, & Indianapolis Railway Co.Supreme Court of the United States · 1888
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3Cited by6 opinions
- Old Colony Trust Co. v. Medfield & Medway Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Fordyce v. Omaha, Kansas City & E. R. R.U.S. Circuit Court for the District of Western Missouri · 1906
- In re Baltimore Pearl Hominy Co.District Court, D. Maryland · 1923
- Flint v. Danbury & Bethel Street Railway Co.Supreme Court of Connecticut · 1924
- Federal Land Bank v. NewsomMississippi Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.