The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-02-07
Appeal from Circuit Court of In1teo 9t"ees
for the District of South Carolina
Argument Of T. r. COTHRAN, Counsel for the
Richmond and DanvilIe Railroad Company
Appellee.

On December TO- $780, the Company of Pennylva
Others companan filed their bill in the Circuit court
of the United States District of South Carolina against the
Charleston Cincinnati Chicago RAILROAD Company The Bo
ton Safe Depost and Trust Company and Others alleging
u The incorporation Railroad Company, for the pu
pose constructing and operating railroad from Charesto'
c., to Ashland Ky distance of 62O miles, G) Inc eNecu
ton delivery the Boston Safe and Deposit Company on
August g. 1897 mortgage said Railroad to secure an
issue of bonds of s5O which were delivered
Company 9 contract for construction OF sao
said railroad with construction company. 4) partial per-
formance of this contract and the delivery to the CONSTRUCTION
Company of these bond and the purchase by
compainants from said Company of portion OF said bonds ~
The completion and operation of part of the Railroad 6J
The insolvency Construction Company and its inability to
complete That the portion completed not esu
tanning a. Subscriptions by certain municipalities ) In
solvency Railroad Company Its inability to complete the
Road or to operate the completed poron want of rolling stock
suits pending; with which to purchase fuel OIL waste
and other necessary supplies nonpaymen of employees for sew
eral months
They therefore prayed the appointment of receiver The
Railroad Company Construction Company answered. join
ing in the prayer Deposit Company ruee admitted the
first paragraphs the bill and required proof Of the remain
der
On December TO- $780, Samuel Lord appointed temporary
This order made provision for payment any pal
ershp Indebtedness.
On February 1891 D. H. Chamberlain appointed perma
nent by order of said Court with all the authority
and prescribed the order hereinbeore made naming
Lord Esq., temporary Receiver" The said order con-
tanned following provisions "Tha said Receiver be further
authorized pay the due to the employees at the date
appointing the temporary Receiver heen for labor
and services within ninety days before the and also all bal
ances other and connecting lines and to-
be paid for the conducting of the said railroad"
March 6 1891, Chamberlain, the Receiver, filed his petit
ton asking to be allowed to issue $4,000 of certificates to pay
certain obligations found due and unpaid entering his
permanent Receiver, aggregang $4S9O These
taxes freight balances due December TO- $780,
freight freight date cross-e coal and
other supplies.
March IT, 1884, the Court by order, granted him such
leave With the cash hand and the proceeds of these ceri
s the stated in his he wESd @ be be able to
pay along with the future current expenses out of the future
On August 4, 1891, The Richmond Danvile Railroad
Company filed its intervening petition setting out the account
against the Raload company in full acuing both before the
be paid out of the earnings of the Road.
An 6nse order Of M was signed the same day.
proceedings under this order until after the sale
Of the road there being no funds hand with which to
the account
reference held July H. 1885, testimony.
whether the ntervene could enforce payment out of
by admission counsel for the trustee at folio
2 In speaking Of of the items of the R. r.
the don the question raised is that this amount
not entitled to priority over the mortgage although valid
The account consisted of four classes of items :
q Amount due on account of cams..... s7544
q Blacksburg crossing 1857 s.