Union Trust Co. v. Morrison
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT. OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows : This case grows out- of the foreclosure of a mortgage given by the Cairo and St. Louis Bailroad Company on the 2d day of October, 1871, -to the Union Trust Company, to secure the payment of two thousand five hundred bonds of one thousand .dollars, each, with interest sémi-annuálly.
Read the full summary
APPEAL FROM THE CIRCUIT COURT. OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows : This case grows out- of the foreclosure of a mortgage given by the Cairo and St. Louis Bailroad Company on the 2d day of October, 1871, -to the Union Trust Company, to secure the payment of two thousand five hundred bonds of one thousand .dollars, each, with interest sémi-annuálly. Morrison, the ..appellee, intervened in the proceedings, by petition, claiming a lien on the property mortgaged, by reason of having become liable as surety-on an injunction bond given…
1Opinion of the CourtJustice Bradley
The plea that the claim was not presented in time we think is wholly untenable. It was brought to the notice of the court by the receiver himself a few days after his appointment. The case, however, was still pending in the state court on appeal, and it was yet uncertain what would be' the result. The injunction was not definitely dissolved until June, 1879. The liability of Morrison on his bond was still unadjudicated, and not in a condition to be presented by him as a fixed and determinate claim against the railroad company and its property. Suit was then brought against him, and judgment…
2Cases cited6 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
- Union Trust Company v. SoutherSupreme Court of the United States · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- St. Louis & San Francisco Railroad v. SpillerSupreme Court of the United States · 1927
- Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley RailroadSupreme Court of Virginia · 1889
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
- Hassall v. WilcoxSupreme Court of the United States · 1889
44 more not listed; retrieve them via the Exa API.