Sage v. Memphis & Little Rock Railroad
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE EASTERN DISTRICT OF ARKANSAS. The case was stated by the court as follows: The decree from-which these appeals are taken relates to the distribution of a fund in the registry of the Circuit Court arising from the operation, by its receiver, of the Memphis and Little Bock Bailroad Company (as reorganized). The decree directed it to be paid to the surviving trustees in a certain mortgage executed by that company, for…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE EASTERN DISTRICT OF ARKANSAS. The case was stated by the court as follows: The decree from-which these appeals are taken relates to the distribution of a fund in the registry of the Circuit Court arising from the operation, by its receiver, of the Memphis and Little Bock Bailroad Company (as reorganized). The decree directed it to be paid to the surviving trustees in a certain mortgage executed by that company, for distribution among the beneficiaries under said mortgage. Sage and the railroad company each complain of that decree;…
1Opinion of the CourtJustice Harlan
We do not understand upon what principle the court below held that the trustees in the mortgage of May 1, 1877, were entitled, as. against both the mortgagor company and Sage, to claim the net earnings of the road during the receivership. The latter was a judgment creditor of the company, and it was at his instance, in a suit commenced by him, that its property ivas put in the hands of a receiver. This was done because in the opinion of the court the appointment of a receiver was necessary “to protect plaintiffs interests and rights.” If the grounds set forth'in the bill were not sufficient…
2Cases cited8 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Teal v. WalkerSupreme Court of the United States · 1884
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
90 more not listed; retrieve them via the Exa API.