Gregg v. Metropolitan Trust Co., 197 U.S. 183 (1905)

Gregg v. Metropolitan Trust Company

No. 141

Argued January 20, 23, 1905
Decided March 6, 1905
197 U.S. 183

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Claims for supplies furnished to a railroad company within six months before the appointment of a receiver are not entitled under any general rule to precedence over a lien expressly created by a mortgage recorded before the contracts for such supplies were made.

Under the orders authorizing receiver’s certificates involved in this case, one furnishing ties within six months prior to the appointment of the receiver, and some of which were not used until after such appointment, held not entitled to payment therefor out of the proceeds of the certificates.

The facts are stated in the opinion.