American Ice Co. v. Eastern Trust & Banking Co.
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The’ appellee herein was the complainant in the court of original jurisdiction and commenced its suit in the Supreme Court of the District of Columbia to foreclose a mortgage executed by the American Ice Company, one of the appellants, to the appellee as trustee, etc.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The’ appellee herein was the complainant in the court of original jurisdiction and commenced its suit in the Supreme Court of the District of Columbia to foreclose a mortgage executed by the American Ice Company, one of the appellants, to the appellee as trustee, etc. Judgment of foreclosure was entered, from which an appeal was taken to the Court of Appeals of the District, where it was modified by reducing the amount of the indebtedness found dué by the trial court and secured by the mortgage, and as so modified the judgment was…
1Opinion of the Court
Me. Justioe Peckham,
after making the above statement of facts, delivered.'the opinion of the court.
The appellants have made several assignments of error which have. been argued before us, but the only one vve think it necessary to notice is that which relates to the disposition of the moneys received by the assignee on account of the insurance effected by him upon the property destroyed by fire.
The assignee claims to be entitled, to pay these moneys for the benefit of all the creditors, unsecured as well as secured, while the appellee, the trustee in the mortgage, demands that the moneys…
2Cases cited2 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Farmers' Loan & Trust Co. v. Penn Plate Glass Co.Supreme Court of the United States · 1902
3Cited by8 opinions
- Pearson Mfg. Co. v. Pittsburgh Steamboat Co.Supreme Court of Pennsylvania · 1932
- Suttles v. VickerySupreme Court of Georgia · 1934
- Pothier v. DoucetteMassachusetts Supreme Judicial Court · 1931
- Cook v. CommelliniWashington Supreme Court · 1938
- Atlantic Land & Improvement Co. v. Carey Citrus Products Corp.Court of Appeals for the Fifth Circuit · 1938
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