U.S. Court of Appeals for the Eighth Circuit, 1897

Pullman's Palace-Car Co. v. American Loan & Trust Co.

Pullman's Palace-Car Co. v. American Loan & Trust Co.
U.S. Court of Appeals for the Eighth Circuit · Decided December 6, 1897 · Brewer, Sanborn, Thayer
84 F. 18; 28 C.C.A. 263; 1897 U.S. App. LEXIS 2172

Counsel

L. M. Cuthbert (Henry T. Rogers and D. B. Ellis, on brief), for appellant., E. E. Whitted (H. W. Hobson, on brief), for appellees.

Pullman's Palace-Car Co. v. American Loan & Trust Co.

Opinion of the Court

PER CURIAM.

Notwithstanding the ingenióos and able argument of counsel for appellant, we are unable to perceive in this case other than an effort to establish as a preferential debt a claim for the stipulated compensation for the use of cars, or, as it is generally called, “car rental.” Under the authority of Thomas v. Car Co., 149 U. S. 95, 13 Sup. Ct. 824, this cannot be done. The order is therefore affirmed.

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