Penn v. Calhoun
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. This was an appeal from a decree dismissing tbe petition of an intervening creditor in a foreclosure suit. The case is stated in the opinion of the court.
1Opinion of the CourtChief Justice Waite
This is an appeal from an order dismissing a petition of intervention filed in a suit-for the foreclosure of mortgages of the Southeastern Bailway Company, asking payment from the proceeds of the sale of the mortgaged property of a debt' of $40,000 and interest, due from the company to the People’s Bank of Belleville for money lent. The case as presented here places the right of recovery entirely on the following grounds: 1. That the money was lent with the knowledge and consent of the mortgage trustees tó pay mortgage interest, and that it was actually used for that purpose, the earnings at…
2Cases cited1 opinion
- Fosdick v. SchallSupreme Court of the United States · 1879
3Cited by12 opinions
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Illinois Trust & Savings Bank v. DoudCourt of Appeals for the Eighth Circuit · 1900
- St. Louis Trust Co. v. RileyCourt of Appeals for the Eighth Circuit · 1895
- Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.New York Court of Appeals · 1896
- Fordyce v. Omaha, Kansas City & E. R. R.U.S. Circuit Court for the District of Western Missouri · 1906
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