Rhode Island Locomotive Works v. Continental Trust Co.
Court of Appeals for the Sixth Circuit
. Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. The appellant is a erodlfor of the Toledo, St. Louis & Kansas City Railroad Company, and its debt is evidenced by the promissory notes of the company executed in part payment for certain locomotives purchased by it.
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. Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. The appellant is a erodlfor of the Toledo, St. Louis & Kansas City Railroad Company, and its debt is evidenced by the promissory notes of the company executed in part payment for certain locomotives purchased by it. In May, 1893. upon the application of certain judgment creditors, by bill filed in the circuit court, a receiver was appointed, who took possession of the entire property of the railroad company, and from then until its final sale its railroad has been operated under the…
1Opinion of the Court
LURTON,- Circuit Judge,
after making the foregoing statement of the case, delivered the opinion of the court.
The attitude of the appellant as a general unsecured creditor of *7the railroad company is admitted. That any special lien exists upon the locomotives for the security of this part oí the purchase price is not-now contended, if the appellant is to obtain any relief, it must show: First, that the demand here presented is not a debt created upon the personal credit of the company, but a current operating expense incurred to maintain the property as a going concern, and its railroad in…
2Cases cited12 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- Virginia & Alabama Coal Co. v. Central Railroad & Banking Co. of Ga.Supreme Court of the United States · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- P. P. Mast & Co. v. Superior Drill Co.Court of Appeals for the Sixth Circuit · 1907
- Fordyce v. Omaha, Kansas City & E. R. R.U.S. Circuit Court for the District of Western Missouri · 1906
- Gregg v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
- Gregg v. Metropolitan Trust Co.Court of Appeals for the Sixth Circuit · 1903
- Judge v. Pullman Co.Court of Appeals for the Sixth Circuit · 1913
1 more not listed; retrieve them via the Exa API.