United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 49

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...but, inasmuch as the New York record shows affirmatively that the issue with respect to the non-delivery of the gear-wheel within the time limited was not in fact tried and determined, we are of opinion that it is a proper subject for consideration in the present proceeding. We rest our conclusion on this point, not altogether on the ground last indicated, but upon the principle that one who seeks relief purely upon equitable grounds should himself do what is equitable. In the present proceeding the intervener interposes a claim against the proceeds of the mortgaged property, and insists that it shall be paid prior to 'the mortgage indebtedness, not, however, because he has a lien upon the mortgaged property such as a court of law would recognize and enforce, but because of the circumstances under which certain machinery was supplied to the railway company. The intervener himself has no standing in court to maintain his claim to a preference without going behind the New York judgment and showing the origin and nature of the demand on which the judgment rests; when, therefore, he invites an investigation of those questions for the purpose of establishing an equitable right to which the judgment alone would not entitle him, we think that the mortgage bondholders should be permitted to show, if they can, that they were not benefited to the extent of the full value of the machinery which was supplied to the railway company, but that by reason of the failure to deliver the same within the contract period the company sustained some loss. In the case of Commissioners of the T axing District of Brownsville v. Loag-ue, 129 U. S. 493, 505, where the relator in a mandamus proceeding was compelled to go behind his judgment for the purpose of...
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Product details

  • Paperback | 376 pages
  • 189 x 246 x 20mm | 671g
  • United States
  • English
  • black & white illustrations
  • 1236811127
  • 9781236811127