Western Union Telegraph Co. v. United States & Mexican Trust Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock añd Arba S. Van Valkenburgh, Judges. Suit by the United States & Mexican Trust Company and others against the Kansas City, Mexico & Orient Railway Company and others, wherein the Western Union Telegraph Company intervened. From an order striking out parts of its petition of intervention, intervener appeals.
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Appeal from the District Court of the United States for the District of Kansas; John C. Pollock añd Arba S. Van Valkenburgh, Judges. Suit by the United States & Mexican Trust Company and others against the Kansas City, Mexico & Orient Railway Company and others, wherein the Western Union Telegraph Company intervened. From an order striking out parts of its petition of intervention, intervener appeals. This is an appeal by the Western Union Telegraph Company from an order of June 27, 1914, striking out parts of its petition of intervention in the suit of the United States & Mexican Trust…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] The property of an insolvent railroad corporation in the custody of a court in a suit to foreclose a mortgage upon it is charged with a trust for the benefit, first, of the holders of preferential claims superior in equity to the lien of the mortgage; second, of the holders of the lien of the mortgage and of other such liens in their order of priority; third, of the unsecured or general creditors of the mortgagor; and, fourth, of its stockholders. Any plan or scheme threatened or executed whereby the holders of the bonds secured by the mortgage and the…
2Cases cited34 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Forgay v. ConradSupreme Court of the United States · 1848
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
29 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- Lee F. Dilworth v. T. N. Riner, Owner of Tom's RestaurantCourt of Appeals for the Fifth Circuit · 1965
- Skirvin v. MestaCourt of Appeals for the Tenth Circuit · 1944
- Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
- Check v. KaplanMassachusetts Supreme Judicial Court · 1932
34 more not listed; retrieve them via the Exa API.