Davis v. Mercantile Trust Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF -OHIO. On February 18, 1889, the Mercantile Trust Company of New York filed in the Circuit Court of the United States for the Southern District of Ohio its bill against the Kanawha and Ohio Railway Company.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF -OHIO. On February 18, 1889, the Mercantile Trust Company of New York filed in the Circuit Court of the United States for the Southern District of Ohio its bill against the Kanawha and Ohio Railway Company. The bill alleged that on May 1, 1886, the defendant, the Kanawha and Ohio Railway Company, issued a series of bonds, and on the same day executed to the Mercantile Trust Company its mortgage or deed of trust to secure the payment of the principal and interest 'of such bonds. It alleged a default in the payment…
1Opinion of the CourtJustice Brewer
As a preliminary matter the standing of the appellant in this court is challenged. In the court below he was not a party to the record, either plaintiff or defendant; was never substituted for either ; filed no bill, cross-bill, or answer; but was simply permitted to intervene, with liberty to be heard upon any and all proceedings for the protection of his! interests as bondholder and stockholder. Assuming, under the authoi’ity of Williams v. Morgan, 111 U. S. 684, 698, that this gave him a right of appeal from any decision of the Circuit Court affecting his interests, it did not change the…
2Cases cited5 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Williams v. MorganSupreme Court of the United States · 1884
- Masterson v. HerndonSupreme Court of the United States · 1870
- Hardee v. WilsonSupreme Court of the United States · 1892
- Inglehart v. StansburySupreme Court of the United States · 1894
3Cited by69 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- In Re Metropolitan Trust Co. of New YorkSupreme Court of the United States · 1910
- Hartford Accident & Indemnity Co. v. BunnSupreme Court of the United States · 1932
- In Re Michigan-Ohio Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1941
- Florence A. Pike v. Ruby Foo's Den, Inc., of Maryland, a CoprorationCourt of Appeals for the D.C. Circuit · 1956
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