State Trust Co. v. De La Vergne Refrigerating Mach. Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The State Trust Company is the trustee of the first mortgage on all the 'property of the New Orleans & Western Railroad Company. This mortgage was executed on July 15, 1895, and was duly recorded in the parishes in which the mortgaged property lies.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The State Trust Company is the trustee of the first mortgage on all the 'property of the New Orleans & Western Railroad Company. This mortgage was executed on July 15, 1895, and was duly recorded in the parishes in which the mortgaged property lies. On January 10, 1898, in a suit brought by the State Trust Company, a receiver was appointed of the railroad company’s ; property by the United States circuit court for the Eastern district of Louisiana. In October, 1896, the De La Vergne Refrigerating Machine…
1Opinion of the Court
After reciting the facts as above, the opinion of the court was ’ delivered by PARDEE, Circuit Judge.
The first assignment of error is general, and needs no particular attention.
The second assignment of error is not well taken. It does not appear in the record that the circuit court held that by the judgment of the state court the State Trust Company was in any wise bound as to the character of the privilege claimed by theDe La Yergne Refrigerating Machine Company. The holding below was apparently that, as between the parties thereto, the De La Yergne Refrigerating Machine Company and the New…
2Cases cited9 opinions
- Citizens Bank v. MillerSupreme Court of Louisiana · 1892
- Carlin v. GordySupreme Court of Louisiana · 1880
- Baldwin v. YoungSupreme Court of Louisiana · 1895
- Walburn-Swenson Co. v. DarrellSupreme Court of Louisiana · 1897
- Hall v. R. B. Hawley & Co.Supreme Court of Louisiana · 1897
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3Cited by2 opinions
- Cristina Inv. Corporation v. Gulf Ice Co.Louisiana Court of Appeal · 1951
- Tangipahoa Bank & Trust Co. v. KentCourt of Appeals for the Fifth Circuit · 1934