Central Trust Co. v. Madden
Court of Appeals for the Fourth Circuit
Appeal from Hie Circuit Court of the United States for the District of South Carolina. This was a petition filed by Dora Madden in the cases of Charles II. Vhminy and Alfred Baker, trustees, against the Augusta & Knoxville Railroad Company and the Port Royal & Western Carolina Railway Company, and the Central Trust Company of New York against the Port Royal & Western Carolina Railway Company, being bills for foreclosure, in which a, receiver had been appointed.
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Appeal from Hie Circuit Court of the United States for the District of South Carolina. This was a petition filed by Dora Madden in the cases of Charles II. Vhminy and Alfred Baker, trustees, against the Augusta & Knoxville Railroad Company and the Port Royal & Western Carolina Railway Company, and the Central Trust Company of New York against the Port Royal & Western Carolina Railway Company, being bills for foreclosure, in which a, receiver had been appointed. The case is thus stated by the circuit court: “This is a petition praying payment of a judgment obtained against the Port Royal and…
1Opinion of the CourtFuller, Circuit Justice
(after stating the facts).
The circuit court allowed priority, as stated in its decree, under section 1528 of the General Statutes of South Carolina. In the opinion it was said that:
“The Port Royal and Western Carolina Railway Company was made up of the consolidation of other railroads, among them the Augusta and Knoxville Railroad, extending from Augusta, Georgia,.to Greenwood, South Carolina. At the time of the consolidation, bonds secured by a mortgage of the whole road were issued, which relieved' all outstanding obligations thereon, except a mortgage on that part of it theretofore known…
2Cases cited2 opinions
- Southern Ry. Co. v. BouknightCourt of Appeals for the Fourth Circuit · 1895
- McLeod v. City of New AlbanyCourt of Appeals for the Seventh Circuit · 1895
3Cited by5 opinions
- Bennett v. ThorneWashington Supreme Court · 1904
- Nashville Ry. & Light Co. v. BunnCourt of Appeals for the Sixth Circuit · 1909
- Coltrane v. TempletonCourt of Appeals for the Fourth Circuit · 1901
- Board of Directors of St. Francis Levee v. RaneySupreme Court of Arkansas · 1934
- Andrews v. National Foundry & Pipe Works, Ltd.Court of Appeals for the Seventh Circuit · 1896