Lyman v. Kansas City & A. R.
U.S. Circuit Court for the District of Western Missouri
This was a suit in equity by a holder of bonds of the defendant railroad company to set aside a release of the mortgage securing the same, made by the trustee in accordance with the terms of the mortgage.
1Opinion of the Court
PHILIPS, District Judge.
This controversy grows out of the acknowledgment of satisfaction of a second mortgage deed executed by the defendant railroad company to the defendant the Massachusetts Loan & Trust Company. Under the provisions of the mortgage, in case of default iii the payment of interest or principal of the bonds secured, for a specified period, the trustee, upon request of a majority of the bondholders, instead of foreclosing and selling, could require the railroad company to procure, make, and cause to be made, a transfer and assignment of all outstanding shares of the capital…
2Cases cited15 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Williams v. McMillanOhio Supreme Court · 1849
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
- United States v. AthertonSupreme Court of the United States · 1880
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3Cited by4 opinions
- Guaranty Trust Co. v. Williamsport Wire Rope Co.District Court, M.D. Pennsylvania · 1936
- Linderman v. CarminMissouri Court of Appeals · 1910
- Lyman v. Kansas City & A. R.Court of Appeals for the Eighth Circuit · 1900
- United States v. HoytU.S. Circuit Court for the District of Eastern Washington · 1907