Mississippi Valley & Western Ry. Co. v. United States Express Co.
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This suit was commenced by John Meyer & Co., before a justice of the peace, by attachment against the appellant corporation, and the United States Express Company served as garnishee. The case was taken to the circuit court by appeal. The court rendered judgment in favor of the plaintiff, and against the express company as garnishee.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This suit was commenced by John Meyer & Co., before a justice of the peace, by attachment against the appellant corporation, and the United States Express Company served as garnishee. The case was taken to the circuit court by appeal. The court rendered judgment in favor of the plaintiff, and against the express company as garnishee. The trustees of the railway company interpleaded, claiming what was due from the express company, as belonging to them under the mortgage of the railway company.
1Opinion of the CourtJustice Scholeield
Appellant having mortgaged its property and income to trustees, to secure the payment of certain indebtedness, the question is, whether its earnings, after the execution of the mortgage, and before foreclosure proceedings are instituted or possession is taken by the trustees, can be reached by other creditors.
The mortgage conveys to the trustees the “ rights, powers, franchises, emoluments, income and property,” of whatever description, and no objection is taken to appellant’s capacity to convey whatever can be conveyed by such an instrument.
The mortgage provides, that if default be made in…
2Cases cited3 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- Dunham v. IsettSupreme Court of Iowa · 1863
- Galena & Chicago Union Railroad v. MenziesIllinois Supreme Court · 1861
3Cited by10 opinions
- Rohrer v. DeatherageIllinois Supreme Court · 1929
- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- Taylor v. OsmanAppellate Court of Illinois · 1926
- Receiver v. StantonTexas Supreme Court · 1894
- New York Trust Co. v. Michigan Traction Co.District Court, W.D. Michigan · 1912
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