Metropolitan Trust Co. of New York v. Columbus, S. & H. R. Co.
U.S. Circuit Court for the District of Southern Ohio
This cause comes on for hearing on demurrer to the bill and an amendment thereto. The hill seeks to foreclose two liens on the railroad of the defendant, the Columbus, Sandusky & Hocking Railroad Company.
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This cause comes on for hearing on demurrer to the bill and an amendment thereto. The hill seeks to foreclose two liens on the railroad of the defendant, the Columbus, Sandusky & Hocking Railroad Company. The first lien described in the hill (though it is junior to the other in point of priority) is that of a mortgage issued by the defendant comjiany to the complainant company as trustee on November 9, 1895, to secure an issue of $10,000,000 of bonds, of which $7,445,000 were actually sold. The second lien is that of $250,000 of receiver’s certificales issued by a receiver of the common pleas…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The demurrer to the amended bill first raises the question of jurisdiction. It is said, in support of it, that, in the controversy over the rights of Zohorst and the Second Rational Bank, the parties must be arranged according to their interest, to determine whether the requisite diverse citizenship exists, and, under such an arrangement, the complainant, a citizen of New York, the defendant railroad company, the mortgagor, a citizen of Ohio, are on one side, and Zohorst and the bank, both citizens of Ohio; are on the other, which makes impossible…
2Cases cited3 opinions
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Lienan v. LincolnThe Superior Court of New York City · 1853
3Cited by4 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Barfield v. Zenith Tire & Rubber Co.District Court, N.D. Ohio · 1924
- Alexander v. Fidelity Trust Co.District Court, E.D. Pennsylvania · 1914