Humphreys v. McKissock
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT' OF THE UNITED STATES FOB THE SOUTHERN DISTRICT OF IOWA. The two appeals in these cases are from the same decree. Both will be disposed of by the same decision, which will turn upon the effect of a mortgage, executed by a railroad corporation of railroad property, upon a subsequently acquired interest of the mortgagor in tbe stock of an elevator company.
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APPEALS FROM THE CIRCUIT COURT' OF THE UNITED STATES FOB THE SOUTHERN DISTRICT OF IOWA. The two appeals in these cases are from the same decree. Both will be disposed of by the same decision, which will turn upon the effect of a mortgage, executed by a railroad corporation of railroad property, upon a subsequently acquired interest of the mortgagor in tbe stock of an elevator company. The material facts out of which the controversy arises are very fully and clearly set forth in the briefs of counsel. They are substantially as follows: On the 15th of February, 1879, the St. Louis, Kansas City…
1Opinion of the CourtJustice Field
The commissioner in his report committed a manifest error in holding that the Wabash Company possessed any interest in the property of the Elevator Company. The facts found by him as to the organization of the latter, the subscription ■ to its stock, the construction of the elevator and its lease to others, show beyond controversy the independent existence of that corporation, and that the railway company had no specific interest in its elevator or other property which it could mortgage. It was a mere stockholder in the Elevator Company. If there had been any doubt on this point, from the…
2Cases cited5 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Bank v. TennesseeSupreme Court of the United States · 1882
- Linthicum v. RaySupreme Court of the United States · 1870
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- Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
- Home Fire Insurance v. BarberNebraska Supreme Court · 1903
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
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