Legal Opinion

New York Trust Co. v. Carpenter

Court of Appeals for the Sixth Circuit

Decided May 7, 1918No. 3112PublishedCited by 29 opinions

Appeal from the District Court of the United States for the Eastern Division, of the Northern District of*Ohio; D. C. Westenhaver, Judge. Petition by E. E. Carpenter and others against the Wheeling & Lake Erie Railroad Company, which was in the hands of a receiver. From a decree for petitioner, the New York Trust Company, as trustee of the Wheeling & Lake Erie Railroad Company, and W. M. Duncan, as receiver thereof, appeal. This is known as the “Third Carpenter Case.”

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Appeal from the District Court of the United States for the Eastern Division, of the Northern District of*Ohio; D. C. Westenhaver, Judge. Petition by E. E. Carpenter and others against the Wheeling & Lake Erie Railroad Company, which was in the hands of a receiver. From a decree for petitioner, the New York Trust Company, as trustee of the Wheeling & Lake Erie Railroad Company, and W. M. Duncan, as receiver thereof, appeal. This is known as the “Third Carpenter Case.” Wheeling & Lake Erie R. Co. v. Carpenter, 218 Fed. 273, 134 C. C. A. 69, and Baker v. Central Trust Co. and Carpenter et al.…

1Opinion of the CourtHollister, District Judge

(after stating the facts as above). [1] The motion to dismiss the appeal will be overruled, for the reasons that the receiver has not been discharged; he is still prosecuting claims in behalf of the Wheeling, recovery on which will be assets in his hands; and the deficiency judgment obtained by the New York Trust Company, as trustee for the noteholders, has been by the plan of reorganization of the Wheeling expressly kept alive and has been assigned to the Wheeling’s successor and is one of its successor’s assets.

[2] The appellants, while denying that these bonds or the deficiency judgment on…

2Cases cited13 opinions

  1. In re Watertown Paper Co.Court of Appeals for the Second Circuit · 1909
  2. In re Muncie Pulp Co.Court of Appeals for the Second Circuit · 1905
  3. In re Rieger, Kapner & AltmarkDistrict Court, S.D. Ohio · 1907
  4. Joseph R. Foard Co. v. Maryland ex rel. GoralskiCourt of Appeals for the Fourth Circuit · 1914
  5. Chicago Economic Fuel Gas Co. v. MyersIllinois Supreme Court · 1897

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
  2. Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
  3. Weisser v. Mursam Shoe CorporationCourt of Appeals for the Second Circuit · 1942
  4. Majestic Co. v. Orpheum Circuit, Inc.Court of Appeals for the Eighth Circuit · 1927
  5. Taylor v. Standard Gas & Electric Co.Court of Appeals for the Tenth Circuit · 1938

24 more not listed; retrieve them via the Exa API.

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