Legal Opinion

United States Trust Co. v. Chicago Terminal Transfer R.

Court of Appeals for the Seventh Circuit

Decided April 11, 1911No. 1,693PublishedCited by 30 opinions

Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the United States Trust Company of New York and John A. Stewart, trustees, against the Chicago Terminal Transfer Railroad Company .and others.

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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the United States Trust Company of New York and John A. Stewart, trustees, against the Chicago Terminal Transfer Railroad Company .and others. Frank Brainard, James H. Ralph, Arthur E. Friswell, and others, stockholders of defendant company, appeal from an order denying their petition for leave to intervene, and from an order denying a motion to vacate a sale of defendant’s property.

1Opinion of the Court

BAKER, Circuit Judge.

Two appeals are presented in the one record.

I. The first predicates error on the court’s refusal to allow appellants as owners and representatives of common stock in the Terminal Company to intervene after foreclosure decree in the suit of the Trust Company, mortgagee, against the Terminal Company, mortgagor, the Baltimore & Ohio Railroad Company, lessee of part of the mortgaged premises, and others.

Default in paying interest on the $15,140,000 of bonds occurred in January, 1905; suit was begun in February, 1906; a receiver was appointed in April, 1906; and the…

2Cases cited5 opinions

  1. Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
  2. Minot v. MastinCourt of Appeals for the Eighth Circuit · 1899
  3. United States v. PhilipsCourt of Appeals for the Eighth Circuit · 1901
  4. Spang, Chalfant & Co. v. TaylorCourt of Appeals for the Seventh Circuit · 1902
  5. Thomasson v. Guaranty Trust Co. of New YorkCourt of Appeals for the Seventh Circuit · 1908

3Cited by30 opinions

  1. State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
  2. Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
  3. Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
  4. Chandler & Price Co. v. Brandtjen & Kluge, Inc.Supreme Court of the United States · 1935
  5. Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926

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