Dillon v. Barnard
U.S. Circuit Court for the District of Massachusetts
Bill in equity by a creditor of the Boston, Hartford, and Brie Railroad Company [Sydney Dillon], against the assignees in bankruptcy of that company [George M. Barnard and others], and the trustees under a mortgage of the property and franchises of the corporation, made to secure certain mortgage bonds issued for the purpose of paying the existing mortgage debt of the railroad and discharging prior liens thereon.
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Bill in equity by a creditor of the Boston, Hartford, and Brie Railroad Company [Sydney Dillon], against the assignees in bankruptcy of that company [George M. Barnard and others], and the trustees under a mortgage of the property and franchises of the corporation, made to secure certain mortgage bonds issued for the purpose of paying the existing mortgage debt of the railroad and discharging prior liens thereon. A large amount of money was due the complainant from the company for the construction of a portion of its road under a written contract, and his claim was, in substance, that,…
1Opinion of the Court
SHEPLET, Circuit Judge.
This case is-presented on a demurrer to the bill in equity. The material averments of fact which the demurrer admits are as follows: That the Boston, Hartford, and Erie Railroad Company, a corporation duly existing under the-laws of Massachusetts, Rhode Island, Connecticut and New York, was, prior to the first day of March, 1866, authorized to construct, maintain, and operate a railroad in each of said states, and owned the railroad and franchises described in the bill; that, for the purpose of providing for and retiring all the-existing mortgage debt and prior liens…
2Cases cited1 opinion
- Mason v. York & Cumberland RailroadSupreme Judicial Court of Maine · 1861