Legal Opinion

Wesson v. Chapman

New York Supreme Court

Decided April 12, 1894PublishedCited by 1 opinion

Appeal from special term. ‘ Action by Daniel B. Wesson, for the benefit of himself and other creditors, against George D. Chapman, as receiver of the Lackawanna & Pittsburgh Railroad Company, and others.

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Appeal from special term. ‘ Action by Daniel B. Wesson, for the benefit of himself and other creditors, against George D. Chapman, as receiver of the Lackawanna & Pittsburgh Railroad Company, and others. From a judgment holding that defendants Robert Dunlap & Co. are not entitled, as creditors of said receiver, to a lien against the property of the railroad company equal to the lien held by holders and owners of cer-tificates issued by order of the court, said Robert Dunlap & Co. appeal. Affirmed.

1Opinion of the CourtLewis, J.

This action was commenced by the plaintiff, Daniel B. Wesson, in behalf of himself as the owner and holder of receiver’s certificates, and others like situated, to obtain a judgment declaring their claim a first lien upon the said railroad property and franchises, and for the sale thereof, etc. The action was referred to James M. Townsend, Jr., as sole referee, to hear, try, and determine the issues in said action, and to ascertain the amount of the outstanding indebtedness of the receiver, George D. Chapman, together with the names of the holders of said indebtedness and the amounts due to…

2Cases cited1 opinion

  1. Newbold v. Peoria & Springfield RailroadAppellate Court of Illinois · 1880

3Cited by1 opinion

  1. U. S. Investment Corp. v. Portland HospitalOregon Supreme Court · 1901

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