McDougall v. Hazelton Tripod-Boiler Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Northern Division of the Western District of Tennessee. The original bill in this cause was filed on January 21, 1892, by the Hazelton Tripod-Boiler Company against the Citizens’ Street-Railroad Company for the purpose of obtaining a decree, and enforcing a mechanic’s lien upon a lot in Memphis on which were the steam power and machinery by which the railroad company operated its railway system.
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Appeals from the Circuit Court of the United States for the Northern Division of the Western District of Tennessee. The original bill in this cause was filed on January 21, 1892, by the Hazelton Tripod-Boiler Company against the Citizens’ Street-Railroad Company for the purpose of obtaining a decree, and enforcing a mechanic’s lien upon a lot in Memphis on which were the steam power and machinery by which the railroad company operated its railway system. The amount for which a decree and the enforcement of the lien were prayed was the sum of $17,000, and some interest; the principal sum being…
1Opinion of the CourtSeverens, District Judge
The boiler company, upon its appeal, contests the right of Mc-Dougall to take the whole of the decree against the railroad company,, subject to the lien of counsel, on various grounds:
1. It is urged that the pledge of the collateral to the note was void because in excess of the authority conferred upon Holmes, the president of the company, who transacted the business, by the board of directors. The resolution authorizing him in terms empowered him. to assign the contract to the holder of the note, as security therefor, and to authorize such holder to collect the amount due on the contract, to…
2Cases cited7 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Wade v. Chicago, Springfield & St. Louis RailroadSupreme Court of the United States · 1893
- Gregory v. PikeCourt of Appeals for the First Circuit · 1895
- Wilson v. PaulyCourt of Appeals for the Sixth Circuit · 1896
- Farmers' Loan & Trust Co. v. Toledo & S. H. R.Court of Appeals for the Sixth Circuit · 1893
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3Cited by4 opinions
- The EgeriaCourt of Appeals for the Ninth Circuit · 1923
- Peoples National Bank of Washington v. KingTennessee Supreme Court · 1985
- Business Aircraft Corp. v. Electronic Communications, Inc.Court of Appeals of Texas · 1965
- Jones v. O'DonnellMichigan Supreme Court · 1940