Legal Opinion

Equitable Trust Co. v. Western Pac. Ry. Co.

District Court, N.D. California

Decided May 27, 1916No. 169PublishedCited by 6 opinions

In Equity. Suit by the Equitable Trust Company of New York against the Western Pacific Railway Company.

1Opinion of the Court

DOOLING, District Judge.

This is a proceeding to foreclose the mortgage securing the first mortgage bonds on the Western Pacific Railway Company, to the amount of $50,000,000. The cause was transferred to this division for the purpose of having determined here two questions:(1) Should a minimum, price be fixed at’ which the mortgaged property may be sold under the decree of foreclosure to be entered?(2) If so, what sum should be fixed as such minimum or upset price ?

It has been conceded by all the parties hereto that such a price should be fixed, so that the only question left for present…

2Cited by6 opinions

  1. Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926
  2. Bethlehem Steel Co. v. International Combustion Engineering Corp.Court of Appeals for the Second Circuit · 1933
  3. Plimpton v. Mattakeunk Cabin Colony, Inc.District Court, D. Connecticut · 1934
  4. Levy v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1921
  5. Mayer v. Chase National BankDistrict Court, S.D. New York · 1955

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