Hunt v. Illinois Cent. R.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal Is from an order or decree entered in the circuit court upon the hearing of matters which are presented under an intervening petition filed by the Illinois Central Railroad Company and an answer thereto by the receiver, in an action pending in that court for the foreclosure of a mortgage against the Toledo, St. Louis & Kansas City Railroad Company (hereinafter called the…
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This appeal Is from an order or decree entered in the circuit court upon the hearing of matters which are presented under an intervening petition filed by the Illinois Central Railroad Company and an answer thereto by the receiver, in an action pending in that court for the foreclosure of a mortgage against the Toledo, St. Louis & Kansas City Railroad Company (hereinafter called the “Toledo Company”), wherein the Continental Trust Company of New York and John M. Butler are complainants. The original…
1Opinion of the CourtSeaman, District Judge
This appeal is by the receiver alone, and the argument on his behalf assumes that the decree or order in question is one for specific performance of the contract of the Neoga Company. It is thereupon contended (1) that the contract was a. mere parol executory license; (2) that as such, being revocable and unrecorded, it was not binding on the defendant or the receiver; (3) that, being exec-utory, the receiver could adopt or reject at his option; (4) that personal services were required by the contract, for which there can be no decree for specific performance; (5) that petitioner had an…
2Cases cited1 opinion
- Bosworth v. Terminal R. Ass'nCourt of Appeals for the Seventh Circuit · 1897
3Cited by1 opinion
- Des Arc & Powhatan Bridge Co. v. Austin Bridge Co.Court of Appeals for the Eighth Circuit · 1938