Bosworth v. Terminal R. Ass'n
Court of Appeals for the Seventh Circuit
Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Illinois. In a suit brought by the Mercantile Trust Company on the 21st day of September, A. D. 1893, to foreclose a mortgage upon the Chicago, Peoria & St. Louis Railway, the court appointed a receiver, with the authority usually conferred upon receivers in the charge and operation of railways and in the general administration of the estate, and required the receiver to pay (1) all past-due…
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Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Illinois. In a suit brought by the Mercantile Trust Company on the 21st day of September, A. D. 1893, to foreclose a mortgage upon the Chicago, Peoria & St. Louis Railway, the court appointed a receiver, with the authority usually conferred upon receivers in the charge and operation of railways and in the general administration of the estate, and required the receiver to pay (1) all past-due taxes; (2) all current operating expenses; (3) all past-due wages; (4) “all claims for materials and supplies which have…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The contention of the receiver is thus stated in the brief of his counsel:
“The question thus presented to this court for determination is one as to the displacement of vested contract liens by unsecured creditors. There is no-controversy as to the labor having been performed or the materials furnished within the six months next prior to the appointment of the receiver of the insolvent corporation, nor as to the value of the same. The only controversy is as to whether or not the appellee is entitled, on its petition and proof made thereunder, to have the…
2Cases cited12 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Burnham v. BowenSupreme Court of the United States · 1884
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
- State ex rel. Sparks v. State Bank & Trust Co.Nevada Supreme Court · 1913
- Beilman v. PoeCourt of Appeals of Maryland · 1913
- In Re Fidelity Assurance Ass'nWisconsin Supreme Court · 1945
- State ex rel. Miller v. People's State BankNorth Dakota Supreme Court · 1912
11 more not listed; retrieve them via the Exa API.