Milwaukie & Minnesota Railroad v. Soutter
Supreme Court of the United States
BronsoN and Soutter had filed a bill in the Circuit Court for Wisconsin, against the La Orosse and Milwaukie Railroad Company, to foreclose a mortgage given by the said company to them to secure bonds to the extent of one million of dollars, which that company had put into circulation, and the interest to a large amount on which was due and unpaid.
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BronsoN and Soutter had filed a bill in the Circuit Court for Wisconsin, against the La Orosse and Milwaukie Railroad Company, to foreclose a mortgage given by the said company to them to secure bonds to the extent of one million of dollars, which that company had put into circulation, and the interest to a large amount on which was due and unpaid. To this bill the Milwaukie and Minnesota Railroad Company — a company which, on a sale under a mortgage junior to that of Bronson and Soutter, was organized, and became, under the laws of Wisconsin, successor in title and interest to the La Crosse…
1Opinion of the CourtJustice Miller
The first ground assigned for the appeal is, that the decree is a departure from the mandate of the court, because it should not have been rendered until the accounts of the receiver were adjusted, and it was judicially ascertained how much of the millions he had received ought now to be applied to the payment of complainants’ interest coupons.
This construction of the mandate cannot be sustained. The receiver is the officer of the court, and neither party is responsible for his misfeasance or malfeasance, if any such exists, and it was not, therefore, reasonable that complainants should be…
2Cited by36 opinions
- Skirvin v. MestaCourt of Appeals for the Tenth Circuit · 1944
- Thomas Barrow v. Lloyd A. Falck, Individually and as Sheriff of Ford County, Illinois, and Ford County, IllinoisCourt of Appeals for the Seventh Circuit · 1994
- Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
- Matarazzo v. HustisDistrict Court, N.D. New York · 1919
- Pelzer, Rodgers & Co. v. HughesSupreme Court of South Carolina · 1887
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