Manhattan Trust Co. v. City of Dayton
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. In Equity. Petition by the city of Dayton, Ohio, intervening-in a suit by the Manhattan Trust Company against the Dayton Natural Gas Company. Heard on demurrer to the answers of complainant and the receiver of the gas company to the intervening-petition.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. In Equity. Petition by the city of Dayton, Ohio, intervening-in a suit by the Manhattan Trust Company against the Dayton Natural Gas Company. Heard on demurrer to the answers of complainant and the receiver of the gas company to the intervening-petition. The demurrers were sustained, and the receiver was enjoined from charging more for gas than the rates fixed by ordinance. 55 Fed. p. 381. The trust company and the receiver appeal. The Dayton Natural Gas Company is an Ohio corporation, organized originally…
1Opinion of the CourtLurtox, Circuit Judge
The controversy involved on this appeal is as to the price to be charged the citizens of Dayton, Ohio, by the receiver of the natural, gas company, and arises upon the intervening petition of the city of Dayton, the answers of the Manhattan Trust Company, and of the receiver.
The contention of the receiver is that there is no agreement between the gas company and the city as. to the price, and no ordinance in force regulating the price; that the price of 10 cents per 1.000 cubic feet is an absolutely inadequate price, and ruinous to the interests of the property committed to his management as…
2Cases cited3 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- United States v. REESESupreme Court of the United States · 1876
- Trist v. ChildSupreme Court of the United States · 1875
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- City Water Co. v. City of ChillicotheDistrict Court, W.D. Missouri · 1912
- City of Defiance v. McGonigaleCourt of Appeals for the Sixth Circuit · 1907