Equitable Trust Co. v. Western Pac. Ry. Co.
District Court, S.D. New York
In Equity. Suit by the Equitable Trust Company of New York, as trustee, against the- Western Pacific Railway Company, and same against the Denver & Rio Grande Railway Company and the Western Pacific Railway Company. This cause comes up upon final hearing on a dependent bill in equity, ancillary to a bill of foreclosure which was itself ancillary to an original bill in foreclosure depending upon diverse citizenship.
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In Equity. Suit by the Equitable Trust Company of New York, as trustee, against the- Western Pacific Railway Company, and same against the Denver & Rio Grande Railway Company and the Western Pacific Railway Company. This cause comes up upon final hearing on a dependent bill in equity, ancillary to a bill of foreclosure which was itself ancillary to an original bill in foreclosure depending upon diverse citizenship. On the 2d day of March, 1915, the plaintiff filed the original bill of foreclosure in the District Court of the United States for the Northern District of California against the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above).
[1] This being a suit based upon the direct contractual obligations of the Denver Companies to the trustee and indeed having been already held to be such in Re Equitable Trust Co., 231 Fed. 571, 145 C. C. A. 457, the first question is to inquire from the contract itself what provisions create any such obligations. Both parlies agree that they are sections 4 (b) and 5 of article 2. The Denver Companies already in section 4 (a) had promised to purchase promissory notes of the Pacific Company equal in amount to the yearly deficiency of the Pacific Company’s…
2Cases cited20 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Local 1814, International Longshoremen's Ass'n v. New York Shipping Ass'nCourt of Appeals for the Second Circuit · 1992
- Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926
- Local 1814 v. New York Shipping Association, Inc.Court of Appeals for the Second Circuit · 1992
- Federal Life Ins. Co. v. RascoeCourt of Appeals for the Sixth Circuit · 1926
- Federal Surety Co. v. A. Bentley & Sons Co.Court of Appeals for the Sixth Circuit · 1931
15 more not listed; retrieve them via the Exa API.