Myer v. Car Co.
Supreme Court of the United States
Appeal from, the Circuit Court of the United States for the'District of Iowa. This was a bill, filed May 4, 1875, to foreclose a mortgage executed May 12, 1871, by the Davenport and St. Paul Railroad Company, to secure the payment of certain of its1'bonds.
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Appeal from, the Circuit Court of the United States for the'District of Iowa. This was a bill, filed May 4, 1875, to foreclose a mortgage executed May 12, 1871, by the Davenport and St. Paul Railroad Company, to secure the payment of certain of its1'bonds. The mortgage was in the usual form, covering, with other property specifically set forth, the road, bridges, and superstructure of the'railroad, with all branches, side-tracks, addi-' tions, turnouts, right of way, depot grounds, and other lands then owned or thereafter to be acquired by the company; all depots, car-houses, car-shops,…
1Opinion of the Court
.Me. Chief Justice Waite
delivered the opinion of the court.
We consider it unnecessary to decide in this case whether a' lease of personal property at a specified rent, with an option in. the lessee to buy for a fixed price, is in legal effect a conditional sale; because, even if it be, the decree below is in our opinion right. In Fosdick v. Schall (99 U. S. 235), a case which came up from Illinois, we decided that such a contract of sale, if. not recorded in accordance with the requirements of the chattel-mortgage acts, was legal and valid as between the parties,. and that under a mortgage…
2Cases cited2 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- United States v. BowenSupreme Court of the United States · 1880
3Cited by70 opinions
- United States v. LacherSupreme Court of the United States · 1890
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Holt v. HenleySupreme Court of the United States · 1914
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
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