Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. This is one of the remnants of the foreclosure of the mortgage of the Kansas City, Pittsburgh & Gulf Railroad Company. It is an appeal from a decree which dismissed the intervening petition of the Westinghouse Air Brake Company.
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Appeal from the Circuit Court of the United States for the Western District of Missouri. This is one of the remnants of the foreclosure of the mortgage of the Kansas City, Pittsburgh & Gulf Railroad Company. It is an appeal from a decree which dismissed the intervening petition of the Westinghouse Air Brake Company. On April 1, 1893, the Gulf Company mortgaged its property to the State Trust Company and another, as trustees, to secure the payment of its bonds to the amount of 823,000,000. On April 6, 1899, the Trust Company exhibited its bill to the Circuit Court for the Western District of…
1Opinion of the CourtSanborn, Circuit Judge
According to the averments of the intervening petition, the Brake Company had furnished to the Gulf Company within two *29years of the appointment of the receivers of its property in the foreclosure suit brake and signal materials which were essential to, and which were used by it in, the maintenance and operation of its railroad, which were worth at least $33,587.26 more than the Brake Company had been paid for them. It had done this in reliance upon the expectation of the payment of its claim out of the income of the Gulf Company, and, in reliance upon the statutes of Missouri which give to…
2Cases cited46 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
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3Cited by27 opinions
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- O'Neil v. Wolcott Mining Co.Court of Appeals for the Eighth Circuit · 1909
- Brewer-Elliott Oil & Gas Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Mutual Life Ins. Co. v. ThompsonDistrict Court, W.D. Virginia · 1928
22 more not listed; retrieve them via the Exa API.