Baker v. Central Trust Co. of New York
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Suit in equity by the Central Trust Company of New York, trustee, against the Wheeling & Take Erie Railroad Company and others. From the decree, Horace F. Baker, receiver of the Wabash-Pittsburgh Terminal Railway Company, and E. E. Carpenter and others, cross-complainants, appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Suit in equity by the Central Trust Company of New York, trustee, against the Wheeling & Take Erie Railroad Company and others. From the decree, Horace F. Baker, receiver of the Wabash-Pittsburgh Terminal Railway Company, and E. E. Carpenter and others, cross-complainants, appeal. Pursuant to a plan to obtain for the Wabash Railroad Company (herein called “Wabash”), a line from Toledo, its eastern terminus, to, and an entrance into, and facilities in and about,…
1Opinion of the CourtHollister, District Judge
(after stating the facts as above). [1 ] The receiver of the Terminal and its bondholders present their case in the alternative, claiming, first, that the. contracts, being executory and specifically enforceable, and providing a fund for the payment of interest on these bonds, are, in their nature, liens upon, or confer rights in, the Wheeling’s property or its income and revenue on continued interchanged business, and, as such, are prior in interest to subsequent lienholders with notice, and should, in equity, be specifically performed by the Wheeling and its receiver. Logically such a claim…
2Cases cited10 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Dushane v. BeallSupreme Court of the United States · 1896
- Express Co. v. Railroad Co.Supreme Court of the United States · 1879
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- New York Trust Co. v. CarpenterCourt of Appeals for the Sixth Circuit · 1918
- Tennessee Consol. Coal Co. v. Home Ice & Coal Co.Court of Appeals of Tennessee · 1941
- Kansas City Terminal Ry. Co. v. Central Union Trust Co.Court of Appeals for the Eighth Circuit · 1923
- Detroit, T. & I. R. v. Detroit & T. S. L. R.Court of Appeals for the Sixth Circuit · 1925
- Columbia Gas & Electric Corp. v. LockhartCourt of Appeals for the Sixth Circuit · 1937
7 more not listed; retrieve them via the Exa API.