Guaranty Trust Co. v. Galveston City R.
Court of Appeals for the Fifth Circuit
Appeal, from the Circuit Court of the United States for the Eastern District of Texas, On October 13, 1897, the Guaranty Trust Company of New York, as complainant, filed its hill against the Galveston City Railroad Company, as defendant, for the foreclosure of a mortgage executed by the defendant upon its entire system of railways and other property, particularly described therein, then owned by it in the city of Galveston, or that should be thereafter acquired by…
Read the full summary
Appeal, from the Circuit Court of the United States for the Eastern District of Texas, On October 13, 1897, the Guaranty Trust Company of New York, as complainant, filed its hill against the Galveston City Railroad Company, as defendant, for the foreclosure of a mortgage executed by the defendant upon its entire system of railways and other property, particularly described therein, then owned by it in the city of Galveston, or that should be thereafter acquired by it',-to'-secure its-several consolidated mortgage bonds, for the sum' of $1,000 each, and aggregating $1,000,000, dated January 1,…
1Opinion of the Court
TOULMIN, District Judge,
after stating the case as above, delivered the opinion of .the court.
_ 1. The first question presented on the record for our consideration is, what relation did the city of Galveston sustain towards the Galveston City Railroad Company, — that of stockholder or creditor ? The contention of appellant is that the city’s relation to and only interest in the railroad company was that of stockholder. The appellee does not insist thai:, as the result of the contract and mortgage, the city was a part’ owner in kind of the railroad property, as set up in its answer, or that it…
2Cases cited18 opinions
- Aberdeen Bank v. Chehalis CountySupreme Court of the United States · 1897
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Nobles v. GeorgiaSupreme Court of the United States · 1897
- Warren v. KingSupreme Court of the United States · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Continental Insurance v. United StatesSupreme Court of the United States · 1922
- Helvering v. Missouri State Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Spencer v. SmithCourt of Appeals for the Eighth Circuit · 1912
- United States v. Herbert W. Virgin, Jr.Court of Appeals for the Fifth Circuit · 1956
- Koeppler v. Crocker Chair Co.Wisconsin Supreme Court · 1930
19 more not listed; retrieve them via the Exa API.