Cushing v. Chapman
U.S. Circuit Court for the District of Eastern Missouri
On Demurrer. In 1893 the Tennessee Central Railroad was organized under the laws of Tennessee for the construction and operation of a railroad between designated points. Newton & Co. contracted for the construction of a portion of this road, and filed a mechanic’s lien thereon to secure an account amounting to $47,000 for such work. The railroad becoming insolvent, under a creditors’ bill filed in a court of chancery in Tennessee was placed in the hands of a receiver.
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On Demurrer. In 1893 the Tennessee Central Railroad was organized under the laws of Tennessee for the construction and operation of a railroad between designated points. Newton & Co. contracted for the construction of a portion of this road, and filed a mechanic’s lien thereon to secure an account amounting to $47,000 for such work. The railroad becoming insolvent, under a creditors’ bill filed in a court of chancery in Tennessee was placed in the hands of a receiver. Newton & Co. obtained judgment for the enforcement of their mechanic’s lien in one of the state courts. This judgment was…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). Without undertaking to recapitulate all the facts presented by the amended bill, or discussing all the questions raised by the demurrer, the court will briefly state the grounds of its conclusion. The theory of the bill, as contended by counsel for defendants, is that the Tennessee Central Railway, by its contract with Newton & Co., under whom the complainant claims as assignee, made an equitable assignment and appropriation of 47 bonds, of the denomination of $i,ooo each, to be issued by said railway, to be secured by a first mortgage on the railway…
2Cases cited10 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Christmas v. RussellSupreme Court of the United States · 1872
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Stearns v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
- C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- B. Kuppenheimer & Co. v. MorninCourt of Appeals for the Eighth Circuit · 1935
- Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
- Roberts v. Central Trust Co. of New YorkCourt of Appeals for the Ninth Circuit · 1904