Commonwealth Edison Co. v. Continental Nat. Bank & Trust Co.

SPARKS, Circuit Judge.

This controversy arises out of a preferential claim filed by the Commonwealth Edison Company in an equity receivership proceeding in the District Court. It involves a foreclosure of certain mortgages arid trust deeds of the elevated railway properties of the Chicago Rapid Transit Company. The case was submitted upon an agreed statement of the parties under Equity Rule 77, 28 U.S.C.A. following section 723, supplemented by a stipulation of certain facts, and other oral and written testimony.

The claim, totaling $977,819.73, was for electric current furnished by the Edison…