Legal Opinion

Jesup v. Illinois Cent. R.

U.S. Circuit Court for the Northern District of Illnois

Decided October 6, 1890PublishedCited by 12 opinions

In Equity. Morris K. Jesup, plaintiff in the original suit, and a citizen of New York, is the surviving trustee in a mortgage made September 22, 1866, by the Cedar Falls & Minnesota Railroad Company, covering its road and the net earnings thereof, its franchises, privileges, right of way, depot grounds, and all material designed to be used in construction; also “the rents and moneys payable by any person or company” to that corporation “for the use of said road and…

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In Equity. Morris K. Jesup, plaintiff in the original suit, and a citizen of New York, is the surviving trustee in a mortgage made September 22, 1866, by the Cedar Falls & Minnesota Railroad Company, covering its road and the net earnings thereof, its franchises, privileges, right of way, depot grounds, and all material designed to be used in construction; also “the rents and moneys payable by any person or company” to that corporation “for the use of said road and appurtenances.” The main question in the original suit is whether the Illinois Central Railroad Company is liable to account to…

1Opinion of the CourtJustice Hablan

With this general outline of the case, as disclosed by a very voluminous record, the court will proceed to consider the issues arising in the original suit.

\\e have seen that by the contract of September 18, 1867, between the Dubuque Company and the Illinois Centra] Railroad Company, the latter agreed to assume the lease made by the Cedar Falls & Minnesota Railroad Company to the Dubuque Company. If this assumption made the Illinois Central Railroad Company liable, as between it and the Dubuque Company, for the stipulated rental of the Cedar Falls road, during the whole period of 40 years for…

2Cases cited19 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  3. Covell v. HeymanSupreme Court of the United States · 1884
  4. Krippendorf v. HydeSupreme Court of the United States · 1884
  5. Keller v. AshfordSupreme Court of the United States · 1890

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Mayflower Hotel Stockholders Protective Committee v. Mayflower Hotel Corp.Court of Appeals for the D.C. Circuit · 1949
  2. Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
  3. Blythe v. HinckleyU.S. Circuit Court for the District of Northern California · 1897
  4. Cowell v. McMillinCourt of Appeals for the Ninth Circuit · 1910
  5. Ames Realty Co. v. Big Indian Mining Co.U.S. Circuit Court for the District of Montana · 1906

7 more not listed; retrieve them via the Exa API.

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