Atchison, Topeka & Santa Fe Railway Co. v. Cross

Citations

• 63 Kan. 564
• 66 P. 620
• 1901 Kan. LEXIS 187

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>Res Judicata — Action against New Santa Fe Company for Interest on Judgment against the Old Company. Pending an action in the state court for personal injuries against the Atchison, Topeka & Santa Fe Railroad Company, receivers were appointed in a foreclosure suit against the company brought in the United States circuit court, and they took possession of its property. A judgment was obtained in the personal-injury action, and under the order appointing the receivers they were required to pay judgments of that kind as of course, out of the property in their hands. -Later, under a decree of the federal court, all of the assets of the railroad company, except a small portion, were sold and the Atchison, Topeka & Santa Fe Railway Company became the purchaser. In the decree confirming the sale the railway company was required to pay all claims against the old company for which the receivers were liable. Before the discharge of the receivers a special master was appointed by the United States circuit court in the foreclosure suit to take an account of all property and effects of the railroad company remaining after the sale of its assets, and of all property to which the receivership continued, and of all other property which had come, or should thereafter come, into the hands of the receivers, and to report the names and residences of the creditors of said railroad company, and the amounts and particulars of the respective claims of such creditors against said railroad company or its property. The master was required to give notice to all parties having specific claims on the property of the railroad company, or on any property which had or should come into the possession of the receivers, to exhibit their claims at a time fixed by him, or to be excluded from all benefit under the order or reference. Plaintiffs in the judgment in the state court exhibited the same before the special master and it was allowed by him, less the interest, whi