Legal Opinion

United States Trust Co. v. Wabash Western Railway Co.

Supreme Court of the United States

Decided November 20, 1893No. 51, 57PublishedCited by 133 opinions

APPEALS FROM THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. These were cross appeals from a final decree entered September 25, 1889, overruling the exceptions of the appellant, the United States Trust Company, to a master’s report, overruling in part the exceptions of the appellant, the Wabash Western Railway Company, to the same report, and adjudging that the Trust Company, as trustee under the mortgage of wliat is known as the Omaha Division…

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APPEALS FROM THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. These were cross appeals from a final decree entered September 25, 1889, overruling the exceptions of the appellant, the United States Trust Company, to a master’s report, overruling in part the exceptions of the appellant, the Wabash Western Railway Company, to the same report, and adjudging that the Trust Company, as trustee under the mortgage of wliat is known as the Omaha Division of the Wabash, St. Louis and Pacific Railway, recover from the Wabash Western Railway Company the sum of $13,708.33,…

1Opinion of the CourtJustice Brown

Stripped of its complications, this case involves to a certain extent the same question disposed of by this court in Quincy, Missouri & Pacific Railroad v. Humphreys, 145 U. S. 82, namely, whether the receivers of the Wabash system took possession of the leased lines under such circumstances as to charge them with the payment of the agreed rental so long as they retained possession of the lines.

The general rule applicable to this class of cases is undisputed that an assignee or receiver is not bound to adopt the contracts, accept the leases, or otherwise step into the shoes of his assignor,…

2Cases cited15 opinions

  1. Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
  2. Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
  3. Galveston Railroad v. CowdreySupreme Court of the United States · 1871
  4. Teal v. WalkerSupreme Court of the United States · 1884
  5. Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892

10 more not listed; retrieve them via the Exa API.

3Cited by133 opinions

  1. Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
  2. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
  3. Dushane v. BeallSupreme Court of the United States · 1896
  4. Wall v. PlattMassachusetts Supreme Judicial Court · 1897
  5. Palmer v. PalmerCourt of Appeals for the Second Circuit · 1939

128 more not listed; retrieve them via the Exa API.

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