Legal Opinion

Equitable Trust Co. of New York v. Denver & R. G. R.

Court of Appeals for the Second Circuit

Decided January 3, 1918No. 99PublishedCited by 20 opinions

Appeal from the 'District Court of the United States for the Southern District of New York. . Suit in equity by tlie Equitable Trust Company of New York, as trustee, against the Western Pacific Railway Company, with ancillary dependent suit against the Denver & Rio Grande Railroad Company. Decree for complainant in the latter suit, from which defendant appeals.

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Appeal from the 'District Court of the United States for the Southern District of New York. . Suit in equity by tlie Equitable Trust Company of New York, as trustee, against the Western Pacific Railway Company, with ancillary dependent suit against the Denver & Rio Grande Railroad Company. Decree for complainant in the latter suit, from which defendant appeals. Appeal from a decree in equity entered in the above-entitled “ancillary dependent” action in tbe District Court for tbe Southern District of New York. The trial of this case in the court below consisted in submitting to the District…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The summary prefixed hereto is thought tO' present, not only the facts and acts relevant to- the legal issues involved, but most of the surrounding circumstances showing motive (as the parent of intent) in so far as, and probably farther than we are permitted, in discovering intent, to go beyond the ordinary meaning of the words employed in contract making.

Plaintiff has a money decree in an amount representing on actuarial principles the present value at date of decision below, of the security whereof the trustee asserts its bondholders have been deprived,…

2Cases cited6 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
  3. Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
  4. Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
  5. Jackson v. . StrongNew York Court of Appeals · 1917

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

3Cited by20 opinions

  1. Local 1814, International Longshoremen's Ass'n v. New York Shipping Ass'nCourt of Appeals for the Second Circuit · 1992
  2. Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
  3. Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926
  4. Local 1814 v. New York Shipping Association, Inc.Court of Appeals for the Second Circuit · 1992
  5. INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925

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

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