American Brake Shoe & Foundry Co. v. Pere Marquette R.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan; Clarence W. Sessions, Judge. Suit in equity by the American Brake Shoe & Foundry Company against the Pere Marquette Railroad Company, with the Bankers’ Trust Company, the Central Trust Company of New York, W. W. Crapo, trustee, and the Farmers’ Loan & Trust Company, trustee, as interveners.
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Appeal from the District Court of the United States for the Eastern District of Michigan; Clarence W. Sessions, Judge. Suit in equity by the American Brake Shoe & Foundry Company against the Pere Marquette Railroad Company, with the Bankers’ Trust Company, the Central Trust Company of New York, W. W. Crapo, trustee, and the Farmers’ Loan & Trust Company, trustee, as interveners. From an order obtained by Frank W. Blair, Dudley F. Waters, and Samuel M. Felton, receivers, authorizing the issuance of receivers’ certificates, the Farmers’ Uoan & Trust Company appeals. The principal proceeding is…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] 1. The bill in the suit in which the receivers were appointed and the order in question made was filed by a single creditor, who had no judgment and claimed no lien, and who thus had no standing (except by ■consent of the defendant) to seize the latter’s property and apply it to the satisfaction of complainant’s claim. None of those representing the mortgage interests were made parties. The suit is criticised as in effect that of the railroad company and for the benefit of its stockholding interests. But the objection that the bill was filed by a single…
2Cases cited7 opinions
- 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
- Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
- Atlantic Trust Co. v. ChapmanSupreme Court of the United States · 1908
- Wallace v. LoomisSupreme Court of the United States · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Van Schaick v. McCarthyCourt of Appeals for the Tenth Circuit · 1941
- In re McGrawDistrict Court, N.D. West Virginia · 1918
- May Hosiery Mills, Inc. v. United States District CourtCourt of Appeals for the Ninth Circuit · 1933
- Union Trust Co. of Pittsburgh, PA. v. JonesCourt of Appeals for the Fourth Circuit · 1926
- Lincoln Printing Co. v. Middle West Utilities Co.Court of Appeals for the Seventh Circuit · 1935
10 more not listed; retrieve them via the Exa API.