Port Royal & Augusta Railway Co. v. Branch
Port Royal & Augusta Railway Co. v. Branch
Opinion of the Court
The bill is brought by Thomas P. Branch and others against the Port Royal and Augusta Railroad Company, the Augusta and Knoxville Railroad Company, and the Central Railroad and Banking Company of Georgia, alleging the indebtedness of the first named company to them on certain bonds, issued in consideration of the two million and a half bonds owed by the Port Royal Railroad Company, the predecessor of the Port Royal and Augusta Railroad Company, and to meet which bonds the said road and all connected with it or appurtenant to it were sold and bought by the Union Trust Company of New York, and reconveyed to the successor of the said Port Royal Company, to-wit, the defendant first named, in consideration of which the said successor company executed a mortgage of all its rights, franchises and property to said Union Trust
The bill alleges, in substance, again that the Port Royal and Augusta has been constrained by the Central to lease the Augusta and Knoxville Railroad, to assume its indebtedness, and thus to become weaker and weaker and less able to pay Its obligations on complainants’ coupons and bonds; that this is all to the interests of its own road, and not of the Port Royal and Augusta; that they are rival roads to the sea, and the Central not only extends its own
The bill prays for account of the moneys paid to the Central’s bonds, or their coupons and sinking fund to be restored, for injunction against future like conduct, and for rescission of the lease and general account.
On demurrer for want of equity and other special gounds, some generally by all defendants and others severally by each, the court held that there was equity in the bill and overruled the demurrer. Error is assigned on that judgment and specific points connected therewith.
There is abundant equity in the bill. The three corporations are so linked together by the nexus of injurious conduct towards the complainants as to induce equity to hold them together as necessary parties. The equity to have ¿ccount for the net earnings, and especially that portion for the coupons and sinking fund paid on account of the Central’s issue, and that expended outside of necessary repairs for the Port Royal road to keep it in high condition, and that used to pay debts of the Augusta and Knoxville, seems apparent, unless the issue of the $1,500,000 bonds are to be repudiated and the coupons go unpaid. We prefer, however, that the case be fully tried on the answer as well as bill before we adjudicate all the questions, and waive further discussion.
Judgment affirmed.
Reference
- Full Case Name
- The Port Royal and Augusta Railway Company v. Branch
- Status
- Published