Mackay v. Randolph Macon Coal Co.
Court of Appeals for the Eighth Circuit
Appeals from the District Court of the United States for the Eastern District of Missouri. In the matter of the Randolph Macon Coal Company, bankrupt. From an order of the District Court, appeals were taken by Donald Mackay and others and by Donald Mackay.
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Appeals from the District Court of the United States for the Eastern District of Missouri. In the matter of the Randolph Macon Coal Company, bankrupt. From an order of the District Court, appeals were taken by Donald Mackay and others and by Donald Mackay. Latham A. Fish, George D. Mackay, George Trowbridge Hollister, and Frederick W. Kendrick, composing the firm of Mackay & Co. The Randolph Macon Coal Company was organized, in the month of January, 1905, under the láws of Missouri. Its incorporators were owners of coal properties in that state for which they claimed to have paid $1,600,000.…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). To explain the question raised by the appeal it will be necessary to set forth the provisions of the bonds and mortgage. The bonds are for $1,000 each, and are payable to bearer. They contain the following provision:
“This bond * * * is entitled to all the benefits, and is subject to all the provisions, of the said mortgage as if the same were herein fully recited.”
*883The mortgage contains a covenant binding the mortgagor to pay to the owners or holders of the bonds the principal and interest thereof in full. In case of default the trustee is authorized, upon…
2Cases cited7 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Orchard v. Hughes. Id. v. IdSupreme Court of the United States · 1864
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- Knorr v. BatesNew York Court of Common Pleas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ebeling v. BobengCourt of Appeals for the Seventh Circuit · 1941
- Lane v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1919
- In re A. J. Ellis, Inc.District Court, D. New Jersey · 1917
- Central Hanover Bank & Trust Co. v. Siemens & Halske AktiengesellschaftDistrict Court, S.D. New York · 1936
- Babbitt v. ReadDistrict Court, S.D. New York · 1914
19 more not listed; retrieve them via the Exa API.