Thomas v. Peoria & R. I. Ry. Co.
U.S. Circuit Court for the Northern District of Illnois
In Equity. On the claim of the Western Car Company, an intervening creditor in tbe foreclosure of a railroad mortgage. The original cause, in which the Western Car Company became an in-tervenor, was a proceeding to foreclose a mortgage executed by the Peoria & Rock Island Railway Company to secure its first mortgage bonds to the amount of §1,500,000. Tbe original bill was filed in October, 1874, and on February 1, 1875, J. R. Hilliard was appointed receiver of the railway…
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In Equity. On the claim of the Western Car Company, an intervening creditor in tbe foreclosure of a railroad mortgage. The original cause, in which the Western Car Company became an in-tervenor, was a proceeding to foreclose a mortgage executed by the Peoria & Rock Island Railway Company to secure its first mortgage bonds to the amount of §1,500,000. Tbe original bill was filed in October, 1874, and on February 1, 1875, J. R. Hilliard was appointed receiver of the railway company. He remained in control, and operated tbe railroad until after its sale under a final decree of foreclosure,…
1Opinion of the Court
Harlan, Justice.
The court cannot, consistently with any sound principle of equity or of public policy, recognize the contracts between the Western Car Company and the Peoria & Rock Island Railway Company, one dated March 1, 1872, and the other dated October 1,1878, as the basis of accounting between the parties to this cause. The officers and individuals dominating the car company were, substantially, the same officers and individuals that dominated the railroad company. For every purpose of business the masters of the lessor company were also masters of the lessee company. Those who…
2Cases cited14 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Central Trust Co. of New York v. East Tennessee, V. & G. R.Court of Appeals for the Sixth Circuit · 1897
- Atlantic Trust Co. v. Woodbridge Canal & Irrigation Co.U.S. Circuit Court for the District of Northern California · 1897
- Spencer v. Taylor Creek Ditch Co.Court of Appeals for the Ninth Circuit · 1912
- In re Wisconsin Cent. Ry. Co.District Court, D. Minnesota · 1946
- McCornack v. Salem Railway Co.Oregon Supreme Court · 1899
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