Jones v. Central Trust Co. of New York
Court of Appeals for the Sixth Circuit
Appeal from lite Circuit Court of the United States for the Southern Division of the Eastern Dislrict of Tennessee. This is an appeal from an order made by the court below directing the appellant, as receiver, xo pay off and discharge the decrees entered by the same court in favor of H. Clay Evans and other creditors, complainants, against the Chattanooga, Jlome & Columbus Railroad Company, and other parties, who were obligors in the replevy bonds mentioned in case No. 310,—…
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Appeal from lite Circuit Court of the United States for the Southern Division of the Eastern Dislrict of Tennessee. This is an appeal from an order made by the court below directing the appellant, as receiver, xo pay off and discharge the decrees entered by the same court in favor of H. Clay Evans and other creditors, complainants, against the Chattanooga, Jlome & Columbus Railroad Company, and other parties, who were obligors in the replevy bonds mentioned in case No. 310,— that of Trust Co. v. Evans (in this court, which has just been decided) 73 Ifed. 562; this being another litigation…
1Opinion of the CourtSeverens, District Judge
The burden of the complaint made by the receiver against the order of the court below directing him to pay off the decrees in favor of Evans, James, and Kratzenstein, in exoneration of the sureties, is that to do so would be to appropriate the assets in his hands, -which are subject to the lien of the mortgages held by the Central Trust Company of New York, to the payment of the debts of general creditors, whose claims are, and have already been adjudged to be, subordinate to the mortgage lien. He further contends that the circuit court for the Eastern district of Tennessee^ for the reason…
2Cases cited12 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
- Sage v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
- International Trust Co. v. T. B. Townsend Brick & Contracting Co.Court of Appeals for the Sixth Circuit · 1899
- United States Fidelity & Guaranty Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1916
- City Trust Co. v. Sedalia Light & Traction Co.District Court, W.D. Missouri · 1912
- Equitable Trust Co. of New York v. Birmingham, E. & B. R.District Court, N.D. Alabama · 1917
1 more not listed; retrieve them via the Exa API.