Lackawanna Iron & Coal Co. v. Farmers' Loan & Trust Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Texas. On February 16, 1885, tbe Southern Development Company filed its bill of complaint in the United States circuit court for the Eastern district of Texas against the Houston & Texas Central Railway Company, in a canse known as “Cause No. 185” of the equity docket of that court.
Read the full summary
Appeal from the Circuit Court of the United States for the Eastern District of Texas. On February 16, 1885, tbe Southern Development Company filed its bill of complaint in the United States circuit court for the Eastern district of Texas against the Houston & Texas Central Railway Company, in a canse known as “Cause No. 185” of the equity docket of that court. The complainant alleged that the railway company was indebted to it in tbe sum of about $600,000 for money loaned at various times, and prayed for the appointment of a receiver. On February 21, 1885, receivers were appointed, and they…
1Opinion of the CourtParlange, District Judge
(after stating the facts as above). It is contended on behalf of the Lackawanna Iron & Coal Company that its claim is a preferential one, within (he doctrine of Fosdick v. Schall, 99 IT. S. 235, and other cases in which certain claims were accorded preference over the holders of railroad mortgage bonds. The intervener's counsel urge that the case of Burnham v. Bowen, 111 U. S. 777, 4 Sup. Ct. 675, is analogous in principle to the present case. The urgent need of the railway company for the rails supplied by the intervener; the dilapidated condition of the road prior to the supplying of the…
2Cases cited11 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Fogg v. BlairSupreme Court of the United States · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First Nat. Bank v. EwingCourt of Appeals for the Fifth Circuit · 1900
- Model Heating Co. v. MagaritySupreme Court of Delaware · 1911
- Savings & Trust Co. of Cleveland v. Bear Valley Irr. Co.U.S. Circuit Court for the District of Southern California · 1899
- In re Central of Georgia Ry. Co.District Court, S.D. Georgia · 1942
- New York Guaranty & Indemnity Co. v. Tacoma Railway & Motor Co.Court of Appeals for the Ninth Circuit · 1897
3 more not listed; retrieve them via the Exa API.