Bill v. New Albany Ry. Co.
U.S. Circuit Court for the District of Indiana
In equity. This was a petition for an accounting and the appointment of a receiver [of the New Albany & Salem Railroad Company,] filed under decrees in this case rendered in June .and December, 185S, by John Savage Shaw, a bondholder as well as a stockholder of the road, for himself and all others similarly situated in relation to the property.
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In equity. This was a petition for an accounting and the appointment of a receiver [of the New Albany & Salem Railroad Company,] filed under decrees in this case rendered in June .and December, 185S, by John Savage Shaw, a bondholder as well as a stockholder of the road, for himself and all others similarly situated in relation to the property. See note at end of case.] Williamson was the trustee in five mortgages given by the railroad company in 1851, 1852, 1853, 1855 and 1850, for more than $5,000,000, on all of which interest was due on the first of August, 1857. As by the terms of the…
1Opinion of the Court
DRUMMOND, Circuit Judge.
This court, in June last, decided that Bill could not, on j his mere motion, dismiss the suit, to the prejudice of the parties interested in the trust, and that Shaw, as bondholder and stockholder, claiming rights under the decrees of this court, was entitled to be himself heard in support of those rights. And, in a certain sense, the questions now remaining are, whether he has made out in his petition a case for the equitable interposition of the court; and, what relief, if any, the court can give to him and others standing in like relation to the property.
The bill…
2Cases cited1 opinion
- Shaw v. BillSupreme Court of the United States · 1877
3Cited by4 opinions
- Adams v. Mercantile Trust Co.Court of Appeals for the Fifth Circuit · 1895
- Wood v. WoodWest Virginia Supreme Court · 1901
- American Trust & Savings Bank v. Imperial Hotel Co.Illinois Circuit Court · 1896
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893