Schmidt v. Louisville, C. & L. Ry. Co.
| Decision Date | 17 May 1894 |
| Parties | SCHMIDT et al. v. LOUISVILLE, C. & L. RY. CO. |
| Court | Kentucky Court of Appeals |
On rehearing. Petition overruled.
For prior report, see 25 S.W. 494.
In response to the inquiry as to whether or not the sums to which the bondholders are entitled under the opinion herein should bear interest, and, if so, from what time, we are of opinion that, although the amount of the earnings was in dispute, and the terms of the contract not altogether free from ambiguity, nevertheless the sums due were fixed by a written contract, and the time of payment also fixed, and we perceive no reason why the earnings as they are ascertained in the approved report of the commissioner should not bear interest from the time they should have been applied under the contract in payment of the interest on the bonds. If the commissioner has computed the earnings from too early a date, it is because the coupons on the bonds for such time had already been paid, and, if so, such coupons were taken in by the railway company and will be admitted as credits on final hearing, which meets the suggestion of error in that particular made by counsel for the appellees. The petition for rehearing is overruled.
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Sullivan v. Mcmillan
...upon the subject, the following cases: Van Rensselaer v. Jewett, 2 N. Y. 135; Schmidt v. Railroad Co., 95 Ky. 289, 25 S.W. 494, and 26 S.W. 547; Brackett v. Edgerton, 14 174 (Gil. 134); Boyd v. Gilchrist, 15 Ala. 849; Whitworth v. Hart, 22 Ala. 343; Adams v. Bank, 36 N.Y. 255; Selleck v. Fr......
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Schmidt v. Louisville, C. & L. Ry. Co.
...That all matters now in litigation are res judicata. Third. If not res judicata, that Schmidt v. L. & N. R. Co., 95 Ky. 289, 25 S.W. 494, 26 S.W. 547, is to followed as a precedent, and, under the principles therein announced, there have been no net earnings. Fourth. No cause of action is s......
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Schmidt v. Louisville & N.R. Co.
...if we are to regard the judgment referred to in the pleadings in the case of Schmidt v. Railroad Co., 95 Ky. 289, 25 S.W. 494, and 26 S.W. 547, the operation of the leased line has by means been a total loss to the appellee. It seems clear to us that there is no adequate relief for the bond......
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Schmidt v. Louisville, C. & L. Ry. Co.
...to state the facts in detail in this opinion, as they are fully stated in the opinions reported in 95 Ky. 239, 25 S.W. 494, and 26 S.W. 547, under the style of Schmidt Louisville & N. R. Co., and in Schmidt v. Louisville, C. & L. Ry. Co., reported in 35 S.W. 135. In the former case, the amo......