Legal Opinion

State Trust Co. v. Kansas City, P. & G. R.

U.S. Circuit Court for the District of Western Missouri

Decided March 29, 1904No. 2,331PublishedCited by 2 opinions

In Equity. In the matter of the intervention of the Westinghouse Air Brake Company. Prior to and on the 1st day of April, 1893, there existed the Kansas City, Pittsburg & Gulf Railroad Company, a Missouri corporation, the Texarkana & Ft. Smith Railway Company, an Arkansas corporation, and the Kansas City, Shreveport & Gulf Railway Company, a corporation of the states of Louisiana and Texas, respectively. The stock of said Texarkana & Ft.

Read the full summary

In Equity. In the matter of the intervention of the Westinghouse Air Brake Company. Prior to and on the 1st day of April, 1893, there existed the Kansas City, Pittsburg & Gulf Railroad Company, a Missouri corporation, the Texarkana & Ft. Smith Railway Company, an Arkansas corporation, and the Kansas City, Shreveport & Gulf Railway Company, a corporation of the states of Louisiana and Texas, respectively. The stock of said Texarkana & Ft. Smith Railway Company and the Kansas City, Shreveport & Gulf Railway Company having been largely acquired by the stockholders of the Kansas City, Pitts-burg…

1Opinion of the CourtPhillips, District Judge

(after stating the facts). The intervener having elected to stand for final decree upon its claim for an equitable lien, the court will not consider or pass upon what it conceives to be some of the vital objections to the validity of the statutory mechanic’s lien, but will only discuss and determine the validity of the equitable lien. Paragraph 6 of the decree of this court appointing the receivers provides as follows:

“Said receivers shall be authorized to pay out of any income or revenues which may come to their hands all debts which may have been lawfully contracted by the Kansas City,…

2Cases cited10 opinions

  1. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  2. Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
  3. Missouri, Kansas & Texas Railway Co. v. ElliottSupreme Court of the United States · 1902
  4. Vane v. NewcombeSupreme Court of the United States · 1889
  5. Missouri, Kansas & Texas Railway Co. v. McCannSupreme Court of the United States · 1899

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

3Cited by2 opinions

  1. Tredegar Co. v. Seaboard Air Line Ry.Court of Appeals for the Fourth Circuit · 1910
  2. Bank of Anderson v. BreedinSupreme Court of South Carolina · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API