Legal Opinion

De La Vergne Refrigerating Mach. Co. v. Palmetto Brewing Co.

U.S. Circuit Court for the District of South Carolina

Decided January 27, 1896PublishedCited by 8 opinions

This was a suit by the De La Vergne Refrigera ting Machine Company against the Palmetto Brewing Company and others, for the foreclosure of a mortgage. A. F. C. Cramer was appointed receiver, and took possession of the property of the Palmetto Brewing Company. August Bequest intervenes, praying for the delivery to him,, as receiver appointed by a court of the state of South Carolina, of the property in the hands of the receiver of this court.

1Opinion of the Court

SIMONTON, Circuit Judge.

On the 6th of January, 1896, the complainant, alleging that it is a creditor of the Palmetto Brewing Company, secured by mortgage of real estate of said company, and also by chattel mortgage, filed a bill in this court, in behalf of itself and all other creditors of the Palmetto Brewing Company, against the Palmetto Brewing Company, a body corporate under the laws of the state of South Carolina, making parties codefendant the Security Savings Bank,' another corporation of the state of South Carolina, a mortgage creditor, and the Consumers’ Coal Company, also a South…

2Cases cited5 opinions

  1. Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
  2. Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
  3. Andrews v. SmithUnited States Circuit Court · 1881
  4. Howlett v. Central Carolina Land & Imp. Co.U.S. Circuit Court for the District of South Carolina · 1893
  5. State Trust Co. of New York v. National Land Imp. & Manuf'g Co.U.S. Circuit Court for the District of South Carolina · 1893

3Cited by8 opinions

  1. Harkin v. BrundageSupreme Court of the United States · 1928
  2. Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
  3. Ward v. FoulkrodCourt of Appeals for the Third Circuit · 1920
  4. Havner v. HegnesCourt of Appeals for the Eighth Circuit · 1920
  5. Knudsen v. First Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1917

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