De Witt v. Chicago, B. & Q. Ry. Co.
U.S. Circuit Court for the District of Massachusetts
In Equity. Bill filed by John E. De Witt against the Chicago, Burlington & Quincy Bailroad Company et al., to enforce an exchange of bonds.
1Opinion of the CourtColt, J.
In 1872 the defendant corporation issued bonds to the amount of $7,026,000, payable on January 1, 1896, with interest at the rate of 7 per cent, per annum. The bonds were not secured by mortgage on the property of the railroad. On July 1, 1873, the defendant corporation executed a mortgage to the defendant trustees, whereby all its property was conveyed to the said trustees upon the trusts therein set forth. The mortgage, among other provisions, contained the following clause;
In the present bill the plaintiff, who is the owner of nine $1,000 bonds of the issue of 1872, asks that the defendant…
2Cases cited2 opinions
- Hill v. HillMassachusetts Supreme Judicial Court · 1873
- Minnesota Linseed Oil Co. v. Collier White Lead Co.U.S. Circuit Court for the District of Minnesota · 1876
3Cited by2 opinions
- Nunn v. Florida Air Conditioning & Refrigeration Corp.Supreme Court of Florida · 1940
- Byrne v. AllenHawaii Supreme Court · 1897