Nash v. Ingalls

• Citation: 79 F. 510
• Parties: NASH v. INGALLS.
• Decision Date: 29 March 1897
• Court: U.S. District Court — Southern District of Ohio

79 F. 510

NASH v. INGALLS.

United States Circuit Court, S.D. Ohio, Western Division.

March 29, 1897

David Stuart Hounshell, for plaintiff.

Harmon Colston, Goldsmith & Hoadly, for defendant.

TAFT Circuit Judge.

This case was begun in the superior court of Cincinnati. The petition avers that on October 1, 1868, Joseph Butler leased to the Cincinnati & Indiana Railroad Company, for 99 years renewable forever, a piece of real estate on the southwest corner of Carr and Sixth streets, in the city of Cincinnati that by the lease the railroad company agreed to pay Butler an annual rental of $3,504, in monthly installments, together with the taxes and assessments; that the Cincinnati & Indiana Railroad Company took possession of the premises, and subleased the same to the plaintiff, John Nash, at an increased annual rental, for the term of 25 years, with the privilege of renewal; that the plaintiff erected buildings and improvements upon the lot, at a cost of $25,000, and paid his rent as the same fell due; that the railroad company defaulted in rent under its lease to Joseph C. Butler on April 1, 1876; that on August 1st of the same year, in a mortgage foreclosure suit brought against the railroad company, Melville E. Ingalls was appointed receiver of the property of the Cincinnati & Indiana Railroad Company, and entered upon his duties as such receiver; that on January 26 1878, the executors of Joseph C. Butler, deceased, filed a petition in the receivership suit, reciting the facts, and praying an order against Ingalls, as receiver, directing him to pay the rents due to the petitioners under the lease from the railroad company; that Ingalls answered this petition, and in the answer stated that there was due from him to Nash $4,350 for merchandise furnished to him as receiver. The petition avers that this amount was due as admitted; that said Ingalls, as receiver, paid to the plaintiff the sum of $2,200 down to the 4th day of January, 1888, when the receivership suit was ordered off the docket of this court. Plaintiff further avers that in the foreclosure suit the leasehold of the railroad company, with the buildings, structures, and improvements thereon, was sold, and realized $10,000, which was applied to the arrearage in rent due to Butler's executors. The plaintiff further states that the last payment made to him by Ingalls was made in October, 1887, during the pendency of the foreclosure suit, and...