Legal Opinion

Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley Railroad

Supreme Court of Virginia

Decided April 11, 1889PublishedCited by 58 opinions

Appeal from decree of circuit court of city of Roanoke, rendered at its April term, 1888, in the cause of the Fidelity Trust and Safe Deposit Company et als. complainants, against the Shenandoah Valley railroad company et als. defendants. The lattef company was incoi’porated under the laws of this state, and given general powers to construct a railroad through the state, etc. Later, similar privileges were given by the states of West Virginia and Maryland.

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Appeal from decree of circuit court of city of Roanoke, rendered at its April term, 1888, in the cause of the Fidelity Trust and Safe Deposit Company et als. complainants, against the Shenandoah Valley railroad company et als. defendants. The lattef company was incoi’porated under the laws of this state, and given general powers to construct a railroad through the state, etc. Later, similar privileges were given by the states of West Virginia and Maryland. Various mortgages were executed by this company to secure divers bonds, the first named company being trustee in all. Default being made,…

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

¥e are of opinion that so much of the decree of the April term, 1888, is erroneous as decided that the claims designated in the record as the “car trust claims’’.constitute alien on the franchises and all the property, real and personal, of the defendant company. These claims are for engines and other rolling stock which were furnished by the Railroad Equipment company, E. E. Denniston, and other persons to the defendant company at different times prior to the commencement of the present suit, and for which the company undertook to pay in monthly…

2Cases cited24 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  3. Fosdick v. SchallSupreme Court of the United States · 1879
  4. Burnham v. BowenSupreme Court of the United States · 1884
  5. Myer v. Car Co.Supreme Court of the United States · 1880

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

3Cited by58 opinions

  1. John Doe v. BrownSupreme Court of Virginia · 1962
  2. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
  3. Farmers' Loan & Trust Co. v. Kansas City, W. & N. W. R.U.S. Circuit Court for the District of Kansas · 1892
  4. First Nat. Bank v. SmithSupreme Court of Alabama · 1928
  5. Atkinson v. PlumWest Virginia Supreme Court · 1901

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

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