Hewitt v. Speyer
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Hrskine Hewitt against James Speyer, Henry Ruhl-ender, Richard Schuster, and Eduard Beit Von Speyer, individually and as copartners composing the firm of Speyer & Co., and the United States Mortgage & Trust Company, as trustee under the mortgage of the Guayaquil & Quito Railway Company. Decree1 for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Hrskine Hewitt against James Speyer, Henry Ruhl-ender, Richard Schuster, and Eduard Beit Von Speyer, individually and as copartners composing the firm of Speyer & Co., and the United States Mortgage & Trust Company, as trustee under the mortgage of the Guayaquil & Quito Railway Company. Decree1 for defendants, and complainant appeals. This cause comes here on appeal from a decree entered on October 19, 1917. The action is one in equity to impress a lien on a fund paid to the defendants…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The contention of the complainant is: That the republic of Ecuador intended that the customs revenues should be an effective security for the railway bonds some of which the complainant holds; that these revenues were constituted such security by a special law of Ecuador which must be so construed as to make the security effective: that the technical rules of the Civil Code of that country regarding mortgage, pledge, or guaranty are inapplicable, having been superseded by the special law: that the customs revenues, thus impressed with a charge in…
2Cases cited5 opinions
- Underhill v. HernandezSupreme Court of the United States · 1897
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- American Banana Co. v. United Fruit Co.Court of Appeals for the Second Circuit · 1908
- Underhill v. HernandezCourt of Appeals for the Second Circuit · 1895
- American Banana Co. v. United Fruit Co.U.S. Circuit Court for the District of Southern New York · 1908
3Cited by21 opinions
- Banco De Espana v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1940
- Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947
- Menendez v. Saks And CompanyCourt of Appeals for the Second Circuit · 1973
- Shapleigh v. MierSupreme Court of the United States · 1937
- Earn Line S. S. Co. v. Sutherland S. S. Co.Court of Appeals for the Second Circuit · 1920
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