Massachusetts Const Co v. Township of Cane Creek
| Decision Date | 03 December 1894 |
| Docket Number | No. 112,112 |
| Citation | 155 U.S. 283,39 L.Ed. 152,15 S.Ct. 91 |
| Parties | MASSACHUSETTS & S. CONST. CO. v. TOWNSHIP OF CANE CREEK |
| Court | U.S. Supreme Court |
This was a suit commenced by the appellant, a citizen of the state of Massachusetts, in the circuit court of the United States for the district of South Carolina, to recover the possession of certain bonds. The defendants were the township of Cane Creek, Lancaster county, S. C., a citizen of that state, and the Boston Safe-Deposit & Trust Company, a corporation created by, and a citizen of, the state of Massachusetts,—the state of which the plaintiff was a citizen.
The facts, as alleged in the bill, were that $19,000 of the bonds of the township of Cane Creek, one of the defendants, had been, by agreement, deposited with the deposit and trust company, the other defendant, to be delivered to the plaintiff when a certain railroad in the township was completed and ready for operation, as shown by the certificate of the engineer of a railroad company and a majority of the board of county commissioners of Lancaster county, the corporate agent of said township; that the road had been fully completed, but that the commissioners wrongfully refused to sign the required certificate; that the deposit and trust company had no interest in the bonds, and claimed none, and was ready and willing to deliver the bonds whenever it was protected in so doing. The prayer was—First, for process; 'second, that pending said suit, and until further order of the court, the said trust company be ordered to deliver and pay over said bonds to the complainant; third, that the said defendant township may be required to specifically perform its aforesaid agreements, by assenting to the delivery of said bonds, now in the hands of said defendant trust company, to the complainant; fourth, that said defendant trust company be ordered to pay over and deliver said bonds to the complainant'; fifth, for further relief. The township defended by a motion to set aside the service of process; by a plea to the jurisdiction of the court, on the ground that one of the defendants was a citizen of the same state as the plaintiff, and a necessary party to the controversy; and by an answer to the merits. The deposit and trust company also filed an answer, which set forth that it had no interest in the bonds, or the debt represented thereby,—made no claim for any services in connection therewith; that it was a mere stakeholder, and ready to deliver the bonds whenever protected in...
To continue reading
Request your trial
-
Calcote v. Texas Pac. Coal & Oil Co.
...249, 5 S.Ct. 456, 28 L.Ed. 949; Wilson v. Oswego Tp., 151 U.S. 56, 14 S.Ct. 259, 38 L.Ed. 70; Massachusetts & Southern Const. Co. v. Cane Creek Tp., 155 U.S. 283, 15 S.Ct. 91, 39 L.Ed. 152; California v. Southern Pac. Co., 157 U.S. 229, 15 S.Ct. 591, 39 L.Ed. 683; State of Texas v. Intersta......
-
Salem Trust Co v. Manufacturers Finance Co, 74
...Nebraska, supra. The cases of Wilson v. Oswego Township, 151 U. S. 56, 14 Sup. Ct. 259, 38 L. Ed. 70, and Construction Co. v. Cane Creek, 155 U. S. 283, 15 Sup. Ct. 91, 39 L. Ed. 152, do not support the contention that this case was not properly removed to the federal court. These cases hol......
-
Stephens v. Smartt
... ... 562, 26 L.Ed. 411; Wilson v. Oswego ... Township, 151 U.S. 56, 14 Sup.Ct. 259, 38 L.Ed. 70; ... Construction Co. v. Cane Creek, 155 U.S. 283, 15 ... Sup.Ct. 91, 39 L.Ed. 152 ... ...
-
Bechtel Trust Co. v. Iowa-Wisconsin Bridge Co.
...5 S.Ct. 278, 28 L.Ed. 822; Wilson v. Oswego Township, 151 U.S. 56, 14 S.Ct. 259, 38 L.Ed. 70; Massachusetts & S. Construction Co. v. Cane Creek Twp., 155 U.S. 283, 15 S.Ct. 91, 39 L.Ed. 152. In the instant case, no exception has ever been raised to the action or want of action of the truste......