Moore v. Donahoo
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California; William C. Van Fleet, Judge. Suit in equity by the Baldwin Locomotive Works against the Ocean Shore Railway Company and others. From a decree awarding preference to claims of F. L. Donahoo and others, Charles C. Moore, F. W. Bradley, Maurice Schweitser, R. D. Robbins, and Walter S. Martin, interveners, appeal.
1Opinion of the Court
DIETRICH, District Judge.
The appellants represent the interests of the mortgagee, and the respondents are the unsecured creditors, of an insolvent railroad company. The general question involved, is when and to what extent the claims of those who in the ordinary course of business furnish labor and supplies for the maintenance and operation of a railroad will, in the distribution of its assets by a court of equity, be preferred to bonds secured by a pre-existing mortgage.
The facts are presented in the form of an agreed statement, accompanied by the decree of the lower court, as provided by…
2Cases cited11 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chicago & A. R. Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- In Re New York, New Haven and Hartford Railroad Co.District Court, D. Connecticut · 1967
- United States v. Guaranty Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1929
- Texas Co. v. International & G. N. Ry. Co.Court of Appeals for the Fifth Circuit · 1916
- Crane Co. v. Fidelity Trust Co.Court of Appeals for the Ninth Circuit · 1916
10 more not listed; retrieve them via the Exa API.