Central Trust Co. of New York v. Chattanooga, R. & C. R. R.
U.S. Circuit Court for the Northern District of Georgia
Ia this suit a trust deed executed by defendant company was foreclosed and its road sold. The present hearing is upon demurrer to a petition of intervention filed by Owens and others, general judgment creditors of defendant company, asking payment of their judgments from the earnings of the road during the receivership, in preference to the deficiency judgment in favor of the mortgage bondholders.
1Opinion of the Court
NEWMAN, District Judge.
In disposing of this matter, it may be proper to mention, first, that, in 1892, the Chattanooga, Rome & Columbus Railroad, as to which this proceeding relates, was a part of the Central of Georgia System of railroads; that is, it was a part of the Savannah & Western System, which had become a part of the Central System. In 1892 all of the roads comprising the Central System were placed in the hands of a receiver, by order of the United States circuit court for the Southern division of Georgia. Mr. H. M. Comer, after some changes, ultimately became receiver under this…
2Cases cited18 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
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3Cited by1 opinion
- Central Trust Co. of New York v. Chattanooga, R. & C. R.Court of Appeals for the Fifth Circuit · 1899