Northern Pacific Railway Co. v. American Trading Co.
Supreme Court of the United States
APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The Northern Pacific Railroad Company made a certain mortgage which was foreclosed, and the Northern Pacific Railway Company purchased the property of the former company under the mortgage at the foreclosure sale, and, by the order of the court, the purchaser was required to pay all obligations or liabilities contracted or.incurred by the court’s receivers, who had been appointed in the…
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APPEAL FROM THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The Northern Pacific Railroad Company made a certain mortgage which was foreclosed, and the Northern Pacific Railway Company purchased the property of the former company under the mortgage at the foreclosure sale, and, by the order of the court, the purchaser was required to pay all obligations or liabilities contracted or.incurred by the court’s receivers, who had been appointed in the foreclosure suit. The Ameri- . can Trading Company, the appellee herein, intervened in that suit, and, by its petition, asked that…
1Opinion of the CourtJustice Peckham
The objections to the recovery herein, made on the argument, were:
(1.) That no contract was shown on the part of the receivers to assume any responsibility for the transportation of the lead beyond the line of the railway in their charge.-
(2.) That there was no proof that the court had authorized the receivers to assume any such responsibility, and they could not do so without any such authority.
(3.) That if Fitch, the agent, made such agreement it was not within his authority, real or, apparent.
(4.) That the bill of lading is the controlling contract, and by its terms the receivers were not…
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