Seaboard Air-Line Railway v. Knickerbocker Trust Co.
Supreme Court of Georgia
Intervention. Before Judge Parker. Glynn superior court. March 24, 1905. The Knickerbocker Trust Company, as trustee for the first-mortgage bondholders, filed in the superior court of Glynn county a petition for the foreclosure of the mortgage securing the bonds issued by the Brunswick and Birmingham Railroad Company, and for the appointment of a receiver.
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Intervention. Before Judge Parker. Glynn superior court. March 24, 1905. The Knickerbocker Trust Company, as trustee for the first-mortgage bondholders, filed in the superior court of Glynn county a petition for the foreclosure of the mortgage securing the bonds issued by the Brunswick and Birmingham Railroad Company, and for the appointment of a receiver. The defendant admitted default in the payment of interest coupons, and insolvency; and the prayers of the petition were granted. In the final decree it is declared that the mortgage set forth in the petition is a valid and subsisting…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The relief sought by the Seaboard Air-Line Railway, in its petition to intervene, was to continue of force the $35,000 bond, and charge this bond with any amount in which the Brunswick and Birmingham Railroad Company might be liable for contribution to the petitioner, by reason of a judgment that had been obtained and on judgments that might be thereafter obtained in suits pending against the Brunswick and Birmingham Railroad Company and petitioner. The bond for $35,000 existed by reason of the final *465decree rendered in the foreclosure proceedings brought…
2Cases cited4 opinions
- Stout v. LyeSupreme Court of the United States · 1881
- St. Louis Trust Co. v. RileyCourt of Appeals for the Eighth Circuit · 1895
- Green v. Coast Line RailroadSupreme Court of Georgia · 1895
- Hiles v. CaseU.S. Circuit Court for the District of Eastern Wisconsin · 1880
3Cited by15 opinions
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916
- Atlanta & Carolina Railway Co. v. Carolina Portland Cement Co.Supreme Court of Georgia · 1913
- In Re VeachCourt of Appeals for the Eighth Circuit · 1925
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