Legal Opinion

Mercantile Trust Co. of N. Y. v. Missouri, K. & T. Ry. Co.

U.S. Circuit Court for the District of Kansas

Decided October 8, 1888PublishedCited by 14 opinions

In Equity. Bill for foreclosure and appointment of a receiver. Bill by the Mercantile Trust Company of New York, trustee for certain bondholders secured by a mortgage on the property of the Missouri, Kansas & Texas Railway Company, against said company and the Missouri Pacific Railway Company, to foreclose the mortgage, and appoint a receiver.

1Opinion of the Court

Brewer, J".,

(orally.) In this case, I have had no opportunity to write out the conclusions to which I have come, nor, for that matter, to arrange my thoughts in any very orderly and systematic manner. I should have preferred to take a little further time to put in better shape what I have to say; yet, aware of the fact that many of you gentlemen are from a distance, and are anxious to return home, I concluded to waive the matter of form and order, and state, in a crude way, my conclusions. Nor are these conclusions reached simply from information developed in these few days. This bill was…

2Cases cited4 opinions

  1. Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
  2. Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
  3. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  4. Dow v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888

3Cited by14 opinions

  1. Atlantic Trust Co. v. DanaCourt of Appeals for the Eighth Circuit · 1903
  2. Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
  3. Sterling Savings Bank v. Citadel Development Co.District Court, D. Oregon · 2009
  4. Mercantile Trust Co. v. San Joaquin Agricultural Corp.California Court of Appeal · 1928
  5. Brown v. Denver Omnibus & Cab Co.Court of Appeals for the Eighth Circuit · 1918

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