New York Cent. & H. R. R. v. Bank of Holly Springs
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Mississippi. Suit by the New York Central & Hudson River Railroad Company against the Bank of Holly Springs, in which defendant filed a cross-bill. From a decree for defendant, complainant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of Mississippi. Suit by the New York Central & Hudson River Railroad Company against the Bank of Holly Springs, in which defendant filed a cross-bill. From a decree for defendant, complainant appeals. The following statement of the case is taken from the opinion filed by Judge Niles: ■Complainant's bill filed in this cause alleges that defendant, the Bank of Holly Springs, had heretofore sued the New York Central & Hudson River Railroad Company (hereinafter called the Railroad Company) in the circuit court of…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). There are but two parties litigant before the court, the railroad company and the Bank of Holly Springs, the former practically representing the interests of 'Weld & Co. The controversy, therefore, which may exist between Weld & Co. and the trustee in bankruptcy of Steele, Miller & Co., has no place in this suit, and may be summarily dismissed from our consideration.
[ 1 ] The real question submitted for decision is not difficult of solution. That question is: Who 'had the superior right to the cotton, the appellee or Weld & Co.? The former held the genuine…
2Cases cited7 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Lamar v. Hall & WimberlyCourt of Appeals for the Fifth Circuit · 1904
- Farmers' Loan & Trust Co. v. GreenCourt of Appeals for the Fifth Circuit · 1897
- Franklin Opera House Co. v. ArmstrongCourt of Appeals for the First Circuit · 1904
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- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Wallace v. FiskeCourt of Appeals for the Eighth Circuit · 1936
- Hubbard Bros. & Co. v. Southern Pac. Co.Court of Appeals for the Fifth Circuit · 1919
- National Surety Co. v. FletcherSupreme Court of Alabama · 1914
- Rumsey Mfg. Corp. v. U. S. Hoffman Machinery Corp.District Court, W.D. New York · 1949
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