Big Creek Gap Coal & Iron Co. v. American Loan & Trust Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The following is the opinion of the Circuit Court, by CDARK, District Judge: In the treatment and disposition of a case like the one at bar, the distinction between the entirely separate legal identity of the corporation and its rights, and of the stock and shareholder and his rights, must never be forgotten.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The following is the opinion of the Circuit Court, by CDARK, District Judge: In the treatment and disposition of a case like the one at bar, the distinction between the entirely separate legal identity of the corporation and its rights, and of the stock and shareholder and his rights, must never be forgotten. The separate and distinct property and rights of the corporation and those of the shareholder give rise to distinct obligations and liabilities in respect to those separate rights and property. A…
1Opinion of the Court
RICHARDS, Circuit Judge.
This was a suit brought by the American Eoan & Trust Company (which we shall call the Trust Company) against the Cumberland Coal & Iron Company (which we shall term the Cumberland Company) to foreclose a mortgage or deed of trust on its coal, iron, and timber property in Tennessee, given to secure $440,000 of its bonds. The Cumberland Company answered, admitting it was insolvent and in default, and conceding the mortgage should be foreclosed. The appellants, the Big Creek Gap Coal & Iron Company (hereafter designated the Big Creek Company) and certain individuals,…
2Cases cited10 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Dodge v. WoolseySupreme Court of the United States · 1856
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kessler & Co. v. Ensley Co.U.S. Circuit Court for the District of Northern Alabama · 1904
- Hearst v. Putnam Mining Co.Utah Supreme Court · 1904
- Arn v. DunnettCourt of Appeals for the Tenth Circuit · 1937
- Equitable Trust Co. v. Washington-Idaho Water, Light & Power Co.District Court, E.D. Washington · 1924
- Piedmont Paper Products, Inc. v. American Financial Corp.District Court, S.D. Ohio · 1980
3 more not listed; retrieve them via the Exa API.