Jules Bache v. Samuel Hunt

• Court: U.S. Supreme Court
• Writing for the Court: Fuller
• Citation: Jules Bache v. Samuel Hunt, 193 U.S. 523, 24 S.Ct. 547, 48 L.Ed. 774 (1904)
• Decision Date: 04 April 1904
• Docket Number: No. 177,177
• Parties: JULES S. BACHE, Appt. , v. SAMUEL HUNT, as Receiver of the St. Louis, Toledo, & Kansas City Railroad Company, and Toledo, St. Louis, & Western Railroad Company

193 U.S. 523

24 S.Ct. 547

48 L.Ed. 774

JULES S. BACHE, Appt.,

v SAMUEL HUNT, as Receiver of the St. Louis, Toledo, & Kansas City Railroad Company, and Toledo, St. Louis, & Western Railroad Company.

No. 177.

Argued March 11, 14, 15, 1904.

Decided April 4, 1904.

Mr. F. Spiegelberg for appellant.

Messrs. Adrian H. Joline and Clarence Brown for appellee.

Mr. Chief Justice Fuller delivered the opinion of the court:

This case was brought directly to this court as coming within the first of the classes of cases enumerated in § 5 of the judiciary act of March 3, 1891 [26 Stat. at L. 826, chap. 517, U. S. Comp. Stat. 1901, p. 549], in which that may be done, the circuit court having certified that the jurisdiction of the court was in issue, and granted the appeal on the ground.

The case was briefly this: Samuel Hunt, receiver, filed his petition in the circuit court of the United States for the northern district of Ohio in the foreclosure suit of The Continental Trust Company of New York v. The Toledo, St. Louis, & Kansas City Railroad Company, Jules S. Bache, Sylvester H. Kneeland, and others, asserting that he was entitled, out of certain of the first mortgage bonds foreclosed in the suit, and stock of the railroad company, in the hands of the Farmers' Loan & Trust Company, to be reimbursed for amounts paid by him, or his predecessors, as receiver, in the extinguishment of prior claims which the bonds and stock had been deposited to secure, and seeking a decree that they be delivered to him, or sold and the proceeds so delivered, etc. The deposit had been made to secure payment of certain underlying liens, which Kneeland had agreed to pay and discharge, and which he had failed to do, and the receiver had done so out of the moneys and property of the railroad company.

Bache, who was a citizen of, and resided in, New York, and others, were ordered to demur, plead, or answer the petition, and copies of the order were mailed to the parties named, including Bache. Bache appeared specially and filed a plea to the jurisdiction of the court over the subject-matter because of the pendency in the supreme court of New York of a suit instituted prior to the filing of Hunt's petition by Bache as a judgment creditor of Kneeland against the Toledo, St. Louis, & Kansas City Railroad Company, Kneeland, and the Farmers' Loan & Trust Company, in which the last-mentioned company had been appointed receiver of the securities forming the subject of the Hunt petition, on the same day...