First Trust & Savings Bank v. Southern Indiana Ry. Co.

Citations

• 195 F. 330
• 1912 U.S. Dist. LEXIS 1645

Syllabus

<p>1. Receivers (§ 143*)—Sale of Property—Diabilities of Purchasers— “Vouchering.”</p> <p>The “vouehering” by a railroad company of a claim for repayment of freight charges paid, and the taking by the company of the amount of the claim as allowed for labor, supplies, equipment, and improvements and interest on bonded indebtedness, do not make the claim a lien prior to the mortgage bonded indebtedness, nor give tile claimant the right to follow a specific fund into the hands of the receiver of the company and a purchaser from the receiver of the property of the company, subject to liens superior to the mortgage and bonds secured thereby, not chargeable with knowledge of the vouchering of the claim, and the creation of a lien thereby is not liable to the claimant for the amount of the claim; the “vouchering” of a claim merely meaning that the same has been investigated, passed on, and approved.</p> <p>[Ed. Note.—For other cases, see Receivers, Cent. Dig. §§ 24S-251; Dec. Dig. § 142.*</p> <p>For other definitions, see Words and Phrases, vol. 8, pp. 7362-7363; vol. 8, p. 7831.]</p> <p>2. Receivers (§ 142*)—Sale of Property—Claim for Preference.</p> <p>The court permitting a creditor after a sale by a receiver of the property of the debtor to present a claim for a preference must so restrict the claim as to work no detriment to the intervening rights of the purchaser under the rule that no one may stand by and permit a sale without asserting his rights, and thereafter assert them to the injury of the purchaser.</p> <p>[Ed. Note.—For other cases, see Receivers, Cent. Dig. §§ 248-251; Dec. Dig. § 142.*]</p> <p>3. Carriers (§ 32*)—Rebates—Public Policy—Statutes.</p> <p>A claim against a carrier for rebates may be resisted as against public policy or contrary to state or federal regulations, notwithstanding any agreement of the parties.</p> <p>[Ed. Note.—Eor other cases, see Carriers, Cent. Dig. §§ 83-85; Dec. Dig. § 32.*]</p>