Legal Opinion

Union Pac. Ry. Co. v. Schiff

U.S. Circuit Court for the District of Southern New York

Decided January 27, 1897PublishedCited by 3 opinions

This was a suit in equity, in the nature of a bill of interpleader, filed by the Union Pacific Railway Company, for its receivers, S. H. H. Clark and others, against Jacob H. Schiff and others, composing the firm of Kuhn, Loeb & Co., C. W. G-ould, as assignee of the firm of Field, Lindley, Wiechers & Co. for the benefit of creditors, and Norman S. Dike, as receiver of the assets of the latter firm. This cause has been several times before the court.

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This was a suit in equity, in the nature of a bill of interpleader, filed by the Union Pacific Railway Company, for its receivers, S. H. H. Clark and others, against Jacob H. Schiff and others, composing the firm of Kuhn, Loeb & Co., C. W. G-ould, as assignee of the firm of Field, Lindley, Wiechers & Co. for the benefit of creditors, and Norman S. Dike, as receiver of the assets of the latter firm. This cause has been several times before the court. The last time in June, 1896. 74 Fed. 674. The court then suggested that until the dispute with Kuhn, Loeb & Co. was adjusted, a decree…

1Opinion of the Court

COXE, District Judge.

In May, 1891, the complainant, the Union Pacific Railway Company, borrowed from Field, Lindley, Wiechers & Co. $600,000 upon two promissory notes each for $250,000, dated, respectively, May 21st and May 22d, and payable six months after date. In July, 1891, the complainant borrowed $850,000 more from the Field firm upon similar notes. As collateral security for the *217payment of tRese notes the complainant, deposited with the Field firm certain1 railroad bonds. Payments had from time to time been made on the notes, and on the 27th of November, 1891, there was due thereon the…

2Cases cited8 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Wheeler v. . NewbouldNew York Court of Appeals · 1857
  3. Le Marchant v. . MooreNew York Court of Appeals · 1896
  4. Smith v. . SavinNew York Court of Appeals · 1894
  5. Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882

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

3Cited by3 opinions

  1. Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
  2. Elgan v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1912
  3. Dike v. Union Pac. Ry. Co.Court of Appeals for the Second Circuit · 1898

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