Legal Opinion

Central Appalachian Co. v. Buchanan

Court of Appeals for the Sixth Circuit

Decided November 28, 1898No. Nos. 586, 587PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the District of Kentucky. This was a bill filed by the appellee, as a judgment creditor of the appellant, the Central Appalachian Company, Limited, to set aside certain alleged fraudulent conveyances of all of its property to the appellant, the International Dp.velopinent Company, and a mortgage thereof by the latter corporation to the appellant, the Corporation Trust Company, ostensibly for the purpose of securing an…

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Appeal from the Circuit Court of the United States for the District of Kentucky. This was a bill filed by the appellee, as a judgment creditor of the appellant, the Central Appalachian Company, Limited, to set aside certain alleged fraudulent conveyances of all of its property to the appellant, the International Dp.velopinent Company, and a mortgage thereof by the latter corporation to the appellant, the Corporation Trust Company, ostensibly for the purpose of securing an issue of bonds by the said mortgagor company aggregating $1,500,000. The judgment debtor, as well as its grantee in the…

1Opinion of the CourtLurton, Circuit Judge

The principal question arising upon this appeal is as to the right of the Central Appalachian Company to set off- against the judgment in favor of Buchanan, as receiver of the Southern Land & Improvement Company, the claim in its favor against the Southern Land & Improvement Company arising out of the breach of the covenants of the latter company in its conveyance to E. H. Patterson, of October 13, 1892. As the question arises upon demurrer, the facts stated in the cross bill and the proposed amendments thereof must be taken as confessed. The objections to the cross complainant’s asserted…

2Cases cited18 opinions

  1. Scott v. ArmstrongSupreme Court of the United States · 1892
  2. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  3. North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
  4. Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
  5. Scammon v. KimballSupreme Court of the United States · 1876

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3Cited by15 opinions

  1. Sinclair Refining Co. v. Midland Oil Co.Court of Appeals for the Fourth Circuit · 1932
  2. In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
  3. Clark Car Co. v. ClarkCourt of Appeals for the Third Circuit · 1931
  4. Iowa-Wisconsin Bridge Co. v. Phoenix Finance Corp.Supreme Court of Delaware · 1942
  5. Johnson v. GarnerDistrict Court, D. Nevada · 1916

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