Burden Central Sugar-Refining Co. v. Ferris Sugar-Mfg. Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. On the 4th day of January, 1.895, the comphihmnt brought its bill against the Ferris Siignr-Hmmfacturing Company, Elmitod, and procured the appointment of a receiver thereof. The bill was brought in behalf of Uie complainant, a creditor of the corpora I ion, and in behalf of all other creditors thereof who might join in the suit and contribute to the expense.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. On the 4th day of January, 1.895, the comphihmnt brought its bill against the Ferris Siignr-Hmmfacturing Company, Elmitod, and procured the appointment of a receiver thereof. The bill was brought in behalf of Uie complainant, a creditor of the corpora I ion, and in behalf of all other creditors thereof who might join in the suit and contribute to the expense. The answer of the defendant company was a virtual confession of its insolvency. Since the appointment of the receiver the administration of its…
1Opinion of the CourtSwayne, District Judge
It is a familiar and well-established doctrine of equity that, where a suit has been instituted and carried on for the benefit of many, all who come in to avail themselves of the benefits of the decree obtained under the litigation shall bear their proportion of the expense. The bill in this case was filed, not only in behalf of the complainant, but of all other creditors of the defendant corporation who might join in the suit and contribute to the expense thereof. The exceptors to (lie master’s report intervened in this case, and were admitted upon that condition, and therefore must pay…
2Cases cited5 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Harrison v. PereaSupreme Court of the United States · 1897
- Farmers' Loan & Trust Co. v. GreenCourt of Appeals for the Fifth Circuit · 1897
3Cited by18 opinions
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Voris v. Gulf-Tide Stevedores, Inc.Court of Appeals for the Fifth Circuit · 1954
- Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
- Muskegon Boiler Works v. Tennessee Valley Iron & R.District Court, M.D. Tennessee · 1921
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