Dolph v. Cincinnati, Bluffton & Chicago Railroad
Indiana Court of Appeals
Prom Huntington Circuit Court; Samuel E. Cook, Judge. Receivership proceeding against the Cincinnati, Bluifton and Chicago Railroad Company. Prom a judgment denying their claims priority over the claims of bondholders, Fred A. Dolph and others appeal.
1Opinion of the CourtShea, J.
The record in this case presents but one question for our consideration and that is the priority of certain liens as fixed by the court in a receivership.
1. The facts in this case necessary for a proper understanding of the question presented, are as follows: Some time prior to 1905, appellee, railroad company, had defaulted in the payment of the interest on its bonds, and had outstanding a large indebtedness which it was unable to meet, and a receiver was appointed by the Jay Circuit Court. In the latter part of the year 1905, the bondholders, stockholders and the holders of a large number…
2Cases cited7 opinions
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
- Greenhood and Others v. RandallSupreme Court of the United States · 1884
- Curran v. AbbottIndiana Supreme Court · 1895
- Bellingham Bay Improvement Co. v. Fairhaven & New Whatcom Railway Co.Washington Supreme Court · 1897
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3Cited by2 opinions
- Esarey v. Pierson, Rec.Indiana Court of Appeals · 1923
- In Re Los Angeles Lumber Products Co.District Court, S.D. California · 1938