Central Trust Co. v. Wabash, St. L. & P. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. This controversy arose during the process of disintegration of the Wabash, St. Louis & Pacific Railway Company under the receivership as administered by Solon Humphreys and Thomas E. Tutt.
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In Equity. This controversy arose during the process of disintegration of the Wabash, St. Louis & Pacific Railway Company under the receivership as administered by Solon Humphreys and Thomas E. Tutt. The case is now heard on exceptions to the master’s report on the intervening claim of the Omaha & St. Louis Railway Company to recover compensation for the use of certain rolling stock held and used by the receivers, but which was subsequently adjudged to belong to the inter-vener. A full statement of the facts may be found in 42 Fed. Rep. 348, and 46 Feci. Rep. 156, the latter being a report of…
1Opinion of the Court
Thayer, District Judge.
The court is unable to concur in the view that the Wabash Company is entitled to a credit in the sum of $40,607.37 for moneys said to have been expended by it in making repairs and in paying taxes and insurance on the intervener’s cars and engines while the same were in the possession of the receivers, Humphreys and Tutt, or in the possession of their successor in interest, to wit, the new Wabash Company. The true relation of the receivers and their successor in interest to the equipment in question was that of bailees for hire, and a bailee of that kind is clearly…
2Cited by4 opinions
- Kennedy v. B. A. Gardetto, Inc.Massachusetts Supreme Judicial Court · 1940
- Sanford & Brooks Co. v. Columbia Dredging Co.Court of Appeals for the Fourth Circuit · 1910
- Tuttle v. Irvine Construction Co.'s ReceiverCourt of Appeals of Kentucky (pre-1976) · 1934
- German-American Bank of Seattle v. NormileWashington Supreme Court · 1914