Legal Opinion

De Witt v. Chicago, B. & Q. Ry. Co.

U.S. Circuit Court for the District of Massachusetts

Decided January 29, 1890PublishedCited by 2 opinions

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

  1. Hill v. HillMassachusetts Supreme Judicial Court · 1873
  2. Minnesota Linseed Oil Co. v. Collier White Lead Co.U.S. Circuit Court for the District of Minnesota · 1876

3Cited by2 opinions

  1. Nunn v. Florida Air Conditioning & Refrigeration Corp.Supreme Court of Florida · 1940
  2. Byrne v. AllenHawaii Supreme Court · 1897

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