Gregg v. Mercantile Trust Co.
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Southern District of Ohio. These seven appeals have been heard together. The appellants are all general creditors of the Columbus, Sandusky & Hocking Railroad Company, whose claims have been duly established, but who appeal because they have not been allowed a preference over the mortgage debts of said railroad company in the proceeds of the sale of the mortgaged railroad property.
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Appeals from the Circuit Court of the United States for the Southern District of Ohio. These seven appeals have been heard together. The appellants are all general creditors of the Columbus, Sandusky & Hocking Railroad Company, whose claims have been duly established, but who appeal because they have not been allowed a preference over the mortgage debts of said railroad company in the proceeds of the sale of the mortgaged railroad property. The property of the railroad company is subject to two mortgages securing issues of bonds aggregating some $11,000,000, and the property mortgaged is…
1Opinion of the CourtLurton, Circuit Judge
1. The claim of W. S. Gregg is for cross-ties essential to the replacement of ties decayed in current operation of the railroad. A large proportion were on hand when the receiver was appointed, and were used by him in the maintenance of the roadway. They were all purchased within six months before the receivership, and under circumstances indicating an expectation that they would be paid for out of current income. The claim is in every respect a highly meritorious one. The claim of the Adams & Westlake Company is for hardware needed in the usual and ordinary daily operation of the railroad.…
2Cases cited21 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Burnham v. BowenSupreme Court of the United States · 1884
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3Cited by11 opinions
- In Re New York, New Haven and Hartford Railroad Co.District Court, D. Connecticut · 1967
- In Re Tennessee Central Railway CompanyDistrict Court, M.D. Tennessee · 1970
- Fordyce v. Omaha, Kansas City & E. R. R.U.S. Circuit Court for the District of Western Missouri · 1906
- Atchison, T. & S. F. Ry. Co. v. OsbornCourt of Appeals for the Eighth Circuit · 1906
- Gregg v. Metropolitan Trust Co.Court of Appeals for the Sixth Circuit · 1903
6 more not listed; retrieve them via the Exa API.