Legal Opinion

Bank of Montreal v. C., C. & W. R.

Supreme Court of Iowa

Decided June 7, 1878PublishedCited by 11 opinions

Appeal from Clinton District Cowrt. This action was commenced by the Joliet Iron and Steel Company against the corporation defendant in November, 1875, to enforce an alleged lien. E. H. Thayer was appointed receiver of the company.

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Appeal from Clinton District Cowrt. This action was commenced by the Joliet Iron and Steel Company against the corporation defendant in November, 1875, to enforce an alleged lien. E. H. Thayer was appointed receiver of the company. In July, 1876, the corporation, receiver, and certain other parties being represented and before the court, the following order was entered of record: “That the said receiver be and is hereby authorized and empowered to proceed to complete and build all the unconstructed portions of the line of railroad of said Chicago, Clinton & Western Railroad Company, from…

1Opinion of the CourtServers, J.

i . receivers powers of. We have been advised that the authority of the court to make the order in question is denied by certain parties in interest who are not represented on this appeal, nor are we advised as to the facts and' circumstances before the court when the order was made, therefore that question has not been considered.

The authority of the receiver to issue the certificates owned by the South St. Louis Iron Company is not questioned. The only contested matter before us is as to his authority to issue and the'validity of those owned'by the plaintiff. A solution of this question…

2Cited by11 opinions

  1. Home Savings & Trust Co. v. District Court of Pole CountySupreme Court of Iowa · 1903
  2. Kneeland v. LuceSupreme Court of the United States · 1891
  3. Andrew v. Sac County State BankSupreme Court of Iowa · 1928
  4. State Central Savings Bank v. Fanning Ball-Bearing Chain Co.Supreme Court of Iowa · 1902
  5. Turner v. Peoria & Springfield RailroadIllinois Supreme Court · 1880

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