Legal Opinion

State Trust Co. v. Kansas City, P. & G. R.

U.S. Circuit Court for the District of Western Missouri

Decided April 15, 1901No. 2,331PublishedCited by 13 opinions

In Equity. In 1899 suit was instituted in this court in the above-entitled cause to foreclose mortgages given by the Kansas City, Pittsburg & Gulf Railroad Company, executed to the complainant as trustee, securing bonds of the company to the extent of about $23,000,000. .Receivers were appointed by the court, and the property placed in their hands pending the foreclosure pi’o-ceedings.

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In Equity. In 1899 suit was instituted in this court in the above-entitled cause to foreclose mortgages given by the Kansas City, Pittsburg & Gulf Railroad Company, executed to the complainant as trustee, securing bonds of the company to the extent of about $23,000,000. .Receivers were appointed by the court, and the property placed in their hands pending the foreclosure pi’o-ceedings. On February 5, 1900, a final decree was rendered in the foreclosure proceeding, under which all the property and assets of every kind and description belonging to the Kansas City, Pittsburg & Gulf Railroad…

1Opinion of the CourtPhilips, District Judge

(orally). This cause has been submitted to the court on two questions: First, on the motion of the plaintiff to remand the cause to the state court; and, second, in case said motion be sustained, as to the right of the Kansas City Southern Railway Company, on a bill in the nature of a supplemental bill in the original foreclosure proceeding, to enjoin the Guardian Trust Company from the further prosecution of the suit in the state court.

Without entering into a discussion of the first question, it is sufficient for the court to say that as the suit instituted in the state court by the Guardian…

2Cases cited10 opinions

  1. Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
  2. French v. HaySupreme Court of the United States · 1875
  3. Dietzsch v. HuidekoperSupreme Court of the United States · 1881
  4. Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
  5. Minot v. MastinCourt of Appeals for the Eighth Circuit · 1899

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

3Cited by13 opinions

  1. Lang v. Choctaw, Oklahoma & Gulf R.Court of Appeals for the Eighth Circuit · 1908
  2. In re Swofford Bros. Dry Goods Co.District Court, W.D. Missouri · 1910
  3. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1906
  4. Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
  5. Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904

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

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