Metropolitan Trust Co. of New York v. Chicago & E. I. R.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the. United States for the Eastern Division of the Northern District of Illinois. Bill by the Metropolitan Trust Company of the City of New York, as trustee, etc., against the Chicago & Eastern Illinois Railroad Company and others, which was consolidated with a creditors’ bill, upon which receivers were appointed. From the decree, complainant appeals.
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Appeal from the District Court of the. United States for the Eastern Division of the Northern District of Illinois. Bill by the Metropolitan Trust Company of the City of New York, as trustee, etc., against the Chicago & Eastern Illinois Railroad Company and others, which was consolidated with a creditors’ bill, upon which receivers were appointed. From the decree, complainant appeals. Under a creditors’ bill brought against the Chicago & Eastern Illinois Railroad Company, receivers were appointed who took and retain possession of its property. Bills were then brought in the same court for the…
1Opinion of the CourtAeschueer, Circuit Judge
(after stating the facts as above). The questions presented and considered in the exhaustive briefs and arguments arc mainly and in substance: (1) Was the lien of the Metropolitan mortgage extended by virtue of the consolidation agreement of 1894 to any property of the Consolidated Company thereafter acquired? (2) Does the lien of the Metropolitan mortgage attach to any equipment acquired after the consolidation of 1894, apart from the effect to he given specific provisions of the consolidation agreement? (3) In Ihc enumeration of the property to he included in the various parcels to be…
2Cases cited5 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Hinchman v. Point Defiance Railway Co.Washington Supreme Court · 1896
- New York Security & Trust Co. v. Louisville, E. & St. L. Consol. R.U.S. Circuit Court for the District of Indiana · 1900
- United States Trust Co. v. Wabash W. Ry. Co.U.S. Circuit Court for the Southern District of Iowa · 1889
3Cited by9 opinions
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
- In Re Missouri Pac. R. Co.District Court, E.D. Missouri · 1941
- Mississippi Valley Trust Co. v. Southern Trust Co.Court of Appeals for the Eighth Circuit · 1919
- United States Mortgage & Trust Co. v. Chicago & A. R. Co.Court of Appeals for the Seventh Circuit · 1930
- Irving Bank-Columbia Trust Co. v. New York Rys. Co.District Court, S.D. New York · 1923
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