Fordyce v. Omaha, Kansas City & E. R. R.
U.S. Circuit Court for the District of Western Missouri
In Equity. On exceptions to master’s report. The following is the portion of the master’s report referred to in opinion: A claim, to be preferential, must be one contracted upon the faith of being paid from the current income (Lackawana, etc., Co. v. Farmers’, etc., Co., 17li U. S. 298, 20 Suj). Ct. 363, 44 L. Ed. 475), and must not be one created for construction or ordinarily for equipment (Rhode Island Locomotive Works v. Continental Trust Co., 108 Fed. 5, 47 C. O. A.…
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In Equity. On exceptions to master’s report. The following is the portion of the master’s report referred to in opinion: A claim, to be preferential, must be one contracted upon the faith of being paid from the current income (Lackawana, etc., Co. v. Farmers’, etc., Co., 17li U. S. 298, 20 Suj). Ct. 363, 44 L. Ed. 475), and must not be one created for construction or ordinarily for equipment (Rhode Island Locomotive Works v. Continental Trust Co., 108 Fed. 5, 47 C. O. A. 147; Illinois Trust & Savings Bank v. Doud, 105 Fed. 123, 44 C. C. A. 389, 52 L. R. A. 481 ; Atlantic 'Trust Comjiany v.…
1Opinion of the Court
PHILIPS, District Judge.
After the foreclosure sale and the confirmation thereof to the purchaser, various creditors of the mortgagor companies filed intervening petitions to have their respective claims declared preferential in character, to be paid out of the proceeds of the sale under the foreclosure proceedings, or as a lien upon the corpus of the property in the hands of the purchaser. These matters were referred to Shannon C. Douglass, as special master, to take the proofs and report his findings 'on the facts and the law. To his reports in the cases several of the interveners have filed…
2Cases cited37 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Harding v. WheatonSupreme Court of the United States · 1826
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3Cited by11 opinions
- Kowalsky v. American Employers Ins. Co.Court of Appeals for the Sixth Circuit · 1937
- Rodger Ballast Car Co. v. Omaha, K. C. & E. R.Court of Appeals for the Eighth Circuit · 1907
- Love v. North American Co.Court of Appeals for the Eighth Circuit · 1915
- Connor v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Fleischer Studios, Inc. v. Ralph A. Freundlich, Inc.District Court, S.D. New York · 1936
6 more not listed; retrieve them via the Exa API.