Waller v. Texas & P. Ry. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of N.ew York. Suit by David J. Waller, Jr., and another, trustees under the will of David J. Waller, deceased, in their own behalf and in behalf of all other bondholders of the New Orleans, Baton Rouge & Vicksburg Railroad Company, against the Texas & Pacific Railway Company and others. From a decree dismissing the bill, plaintiffs appeal.
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Appeal from the District Court of the United States for the Southern District of N.ew York. Suit by David J. Waller, Jr., and another, trustees under the will of David J. Waller, deceased, in their own behalf and in behalf of all other bondholders of the New Orleans, Baton Rouge & Vicksburg Railroad Company, against the Texas & Pacific Railway Company and others. From a decree dismissing the bill, plaintiffs appeal. On appeal from a decree which dismissed the bill in a suit commenced by certain bondholders holding 30 bonds of $1,000 each issued by the New Orleans, Baton Rouge & Vicksburg…
1Opinion of the Court
COXE, Circuit Judge.
The facts are stated in the opinion of Judge Evans and need not be repeated here at length. The suit is brought upon 30 bonds issued by the New Orleans, Baton Rouge & Vicksburg Railroad Company in September 1872, payable 30 years from date— September 1, 1902 — and secured by a trust deed from the railroad company to the Union Trust Company of New York upon all its property including its right of way and the land grant given the Baton Rouge Company by Congress.
[1] The proposition is somewhat startling that the holder of the obligations of one corporation secured by a…
2Cases cited3 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- O'BRIEN v. WheelockSupreme Court of the United States · 1902
- Harpending v. Minister, Elders, & Deacons of the Reformed Protestant Dutch ChurchSupreme Court of the United States · 1842
3Cited by3 opinions
- D. O. Haynes & Co. v. Druggists' CircularCourt of Appeals for the Second Circuit · 1929
- Gideon v. HindsCourt of Appeals for the Second Circuit · 1916
- Bogert v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1917