Security Trust Co. v. Goble Railroad
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. The plaintiff, the Security Savings & Trust Company, having a mortgage upon the rights of way, lands, tenements, franchises, and property of the defendant, the Goble, Nehalem & Pacific Railroad Company, and also a chattel mortgage upon its personal property and effects, instituted this suit August 9, 1901, to foreclose, and A. L. Maxwell was appointed receiver.
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From Columbia: Thomas A. McBride, Judge. The plaintiff, the Security Savings & Trust Company, having a mortgage upon the rights of way, lands, tenements, franchises, and property of the defendant, the Goble, Nehalem & Pacific Railroad Company, and also a chattel mortgage upon its personal property and effects, instituted this suit August 9, 1901, to foreclose, and A. L. Maxwell was appointed receiver. A decree of foreclosure was rendered October 15,1901, and on December 16,1901, under an execution and order of sale duly issued, the Security Company bid in the property for $35,000, being less…
1Opinion of the CourtJustice Wolverton
1. There is no evidence accompanying the record, and we are to inquire whether the conclusion of law noted is *373(leducible from the findings of fact, the paramount question being whether these labor and supply claimants are entitled to a preference in payment over the mortgage creditor. The claimants base their right to such preference upon the major premise, namely, that the defendant company is a railroad' corporation in the ordinary acceptation of the term, in the discharge of quasi public functions, such as a common carrier of freight and passengers for hire, which they urge is established…
2Cases cited12 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
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Steele v. PrebleOregon Supreme Court · 1938
- T. H. Mastin & Co. v. Pickering Lumber Co.District Court, N.D. California · 1933
- Lewis & Dalin, Inc. v. E. H. Clarke Lumber Co.Oregon Supreme Court · 1948
- Myzer v. Emark Corp.California Court of Appeal · 1996
- Parks v. Central Door & Lumber Co.Oregon Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.