283 F. 50 (7th Cir. 1921), 2748, Union Trust & Savings Bank v. Southern Traction Co.

Docket Nº:2748, 2749, 2786, 2821, 2825, 2826, 2875-2877.
Citation:283 F. 50
Party Name:UNION TRUST & SAVINGS BANK et al. v. SOUTHERN TRACTION CO. et al.
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
FREE EXCERPT

Page 50

283 F. 50 (7th Cir. 1921)

UNION TRUST & SAVINGS BANK et al.

v.

SOUTHERN TRACTION CO. et al.

Nos. 2748, 2749, 2786, 2821, 2825, 2826, 2875-2877.

United States Court of Appeals, Seventh Circuit.

October Term, 1921

Page 51

John C. Slade, of Chicago, Ill., for appellants Union Trust & Savings Bank and others.

P. K. Johnson, of Belleville, Ill., for appellants Hamilton and others.

Shepard Barclay, of St. Louis, Mo., for appellants Kenwood Bridge Co., Naugle Pole & Tie Co., Western Electric Co., Kansas City Bridge Co., and Myers Const. Co.

Hugh O'Neill, of Chicago, Ill., for appellant Marquette Nat. Fire Ins. Co.

F. M. Lowes, of Chicago, Ill., Bruce A. Campbell, of East St. Louis, Ill., John R. Cochran, of Chicago, Ill., and McGlynn & McGlynn, of East St. Louis, Ill. for appellees Southern Traction Co. and others.

Page 52

F. M. Lowes, of Chicago, Ill., Bruce A. Campbell, of East St. Louis, Ill., John R. Cochran, of Chicago, Ill., Geo. B. Logan, of St. Louis, Mo., and John C. Slade, of Chicago, Ill., for appellees Sanders and others.

Before BAKER, EVANS, and PAGE, Circuit Judges.

BAKER, Circuit Judge.

These appeals grew out of the failure of an electric railroad project. On a creditors' bill the District Court appointed receivers, and thereafter intervening bills and petitions were filed by the trustee for bondholders, by the principal contractor and subcontractors to enforce mechanics' liens, by the trustee in bankruptcy of the principal contractor to secure the rights of the bankrupt on behalf of creditors, by landowners to get the balance of purchase money, by parties who advanced money to the promoter to buy rights of way, by the receiver of an insolvent bank for an accounting with the principal contractor and the trustee in bankruptcy, by the holders of receivers' certificates, and by other creditors.

All these controversies were heard fully by the Master in Chancery. The printed record here comprises 4,480 pages, of which 276 pages are occupied by the master's report. Next, these matters were completely reviewed by the chancellor, who entered a decree covering 112 pages of the record, fixing amounts and priorities, and ordering a sale of the property. In this court we allowed extra time for an elaborate oral presentation. To verify our conclusions in conference, the writer hereof has examined the arguments advanced in 1,048 pages of briefs, and has referred to the disputed parts of the decree, the report of the master, and the evidence. In order to give members of the profession who have not appeared in these appeals an understanding of the various issues, it would be necessary to set forth all the material facts as we find them, because the law of the case can only arise from the facts. As this is impossible without having the publisher set apart a volume, or a major part thereof, we address only the parties and their counsel, believing that their acquaintance with the record and...

To continue reading

FREE SIGN UP