Legal Opinion

Fidelity Insurance, Trust & Safe-Deposit Co. v. Roanoke Iron Co.

U.S. Circuit Court for the District of Western Virginia

Decided January 31, 1898PublishedCited by 1 opinion

This was a suit m equity by the Fidelity Insurance, Trust & Safe-Deposit Company against the Boanoke Iron Company for the foreclosure of a mortgage. For prior proceedings, see 08 Fed. 628, and 81 Fed. 439. The cause is now heard on application for the distribution of a balance remaining in the receiver’s hands.

1Opinion of the Court

PAUL, District Judge.

The report of the receiver in this cause shows that there is a balance in his hands, amounting to between $800 and $900, arising from the sale of the plant of the defendant company, and collections made, and he requests instructions as to what disposition he shall make of the same. Three separate claimants make application to the court to have this fund applied to their relief;

1. McClure, surviving partner of McClure & Amsler, states that in the decree entered in this cause on the 22d day of July, 1897, confirming the sale theretofore made of the property of the defendant…

2Cases cited3 opinions

  1. The Monte AllegreSupreme Court of the United States · 1824
  2. Redd v. DyerSupreme Court of Virginia · 1887
  3. Waples v. United StatesSupreme Court of the United States · 1884

3Cited by1 opinion

  1. Terre Haute & L. Ry. Co. v. HarrisonCourt of Appeals for the Seventh Circuit · 1899

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