Legal Opinion

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

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

Decided September 8, 1896PublishedCited by 23 opinions

This cause was, by a former decree, referred to a master commissioner, to take an account, and report upon the rights of the plaintiff company, trustees, and of the holders of the bonds issued under a deed of trust or mortgage made by the defendant, the Roanoke Iron Company, dated June 9, 1891, an account of all the debts and liabilities of said company, the liens on the property of said company, and the priorities of such liens; also, an account of all the assets and…

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This cause was, by a former decree, referred to a master commissioner, to take an account, and report upon the rights of the plaintiff company, trustees, and of the holders of the bonds issued under a deed of trust or mortgage made by the defendant, the Roanoke Iron Company, dated June 9, 1891, an account of all the debts and liabilities of said company, the liens on the property of said company, and the priorities of such liens; also, an account of all the assets and property, real and personal, of every kind, and all interests in property belonging to said defendant company. To the report…

1Opinion of the Court

SIMONTON, Circuit Judge.

1. The first question brought to our attention is that between Crocker Bros, and the receiver. Crocker Bros, is a firm of brokers in New York, dealing principally in iron. They were sole agents for the sale of the product of the Roanoke Iron Company. Their agency began in 1889. The course of business was this: Crocker Bros, would make contracts for the sale of the iron product of the company, and send orders therefor to Roanoke. The company would fill the orders, shipping the iron direct to the purchaser. This iron never came into the actual possession of Crocker Bros.…

2Cases cited16 opinions

  1. Peck v. JennessSupreme Court of the United States · 1849
  2. Casey v. CavarocSupreme Court of the United States · 1878
  3. Jerome v. McCarterSupreme Court of the United States · 1877
  4. Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley RailroadSupreme Court of Virginia · 1889
  5. Christian v. Atlantic & North Carolina RailroadSupreme Court of the United States · 1890

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
  2. Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
  3. Live Stock State Bank v. DoyleCourt of Appeals for the Eighth Circuit · 1923
  4. National Bank of Commerce v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1915
  5. Philadelphia Warehouse Co. v. WinchesterDistrict Court, D. Delaware · 1907

18 more not listed; retrieve them via the Exa API.

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