Legal Opinion

Equitable Trust Co. v. Great Shoshone & Twin Falls Water Power Co.

Court of Appeals for the Ninth Circuit

Decided October 22, 1917No. 2791PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Southern’Division of the District of Idaho; Prank S. Dietrich, Judge. Suit by the Equitable Trust Company of New York as trustee under deeds of trust by the Great Shoshone & Twin Falls Water Power Company against the Great Shoshone & Twin Falls Water Power Company and others, in which the American Waterworks & Electric Company sought to intervene and file an intervening complaint against Guy I. Towle and others.

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Appeal from the District Court of the United States for the Southern’Division of the District of Idaho; Prank S. Dietrich, Judge. Suit by the Equitable Trust Company of New York as trustee under deeds of trust by the Great Shoshone & Twin Falls Water Power Company against the Great Shoshone & Twin Falls Water Power Company and others, in which the American Waterworks & Electric Company sought to intervene and file an intervening complaint against Guy I. Towle and others. From the decree (228 Fed. 516), and from an order denying leave to intervene, plaintiff and the intervener appeal. Th.e…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). [1] We readily concede that none of the intervening creditors of the insolvent corporation had or acquired any lien on any of its personal property, but are unable to sustain the contention of the appellant that the court below erred in permitting the intervention of such of the general creditors who asked to intervene prior to the entry of the decree of the court. One of such creditors had obtained judgment against the insolvent, and the demands of the others of them had been presented and allowed as claims against the insolvent debtor. Section 3418 of the…

2Cases cited4 opinions

  1. Ryan v. RogersIdaho Supreme Court · 1908
  2. Martin v. HollowayIdaho Supreme Court · 1909
  3. Neustadter Bros. v. DoustIdaho Supreme Court · 1907
  4. Union Trust & Savings Bank v. Idaho Smelting & Refining Co.Idaho Supreme Court · 1913

3Cited by1 opinion

  1. City Bond & Finance, Inc. v. GrantCourt of Appeals for the Eighth Circuit · 1929

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