CANADIAN PACIFIC RAILWAY CO.

v.

SULLIVAN ET AL.

Citator

Cited By

• Commissioner of Internal Revenue v. Robertson's Estate, 141 F.2d 855 (4th Cir. 1944)
  …s would fail or be diminished was so remote as to be nil.” Similar problems have been discussed by the Circuit Courts of Appeals and by the Tax Court in decided cases.2 In Helvering v. Union Trust Co., 4 Cir., 125 F. 2d 401, 403, certiorari denied 316 U.S. 696, 62 S.Ct. 1292, 86 L.Ed. 1766, we said: “The decided cases indicate that the mere possession of power by a trustee under a will to use a part of the principal of a trust estate for the maintenance of the beneficiary of the life estate will not of it…
• First Tr. Co. of ST. Paul State Bank v. Reynolds, 137 F.2d 518 (8th Cir. 1943)
  …1, 155, 49 S.Ct. 291, 73 L.Ed. 647. Mississippi Valley Trust Co. v. Commissioner, 8 Cir., 72 F. 2d 197, 199, certiorari denied 293 U.S. 604, 55 S.Ct. 119, 79 L.Ed. 695. Compare Helvering v. Union Trust Co., 4 Cir., 125 F. 2d 401, certiorari denied 316 U.S. 696, 62 S.Ct. 1292, 86 L.Ed. 1766; Burdick v. Commissioner, 2 Cir., 117 F. 2d 972, certiorari denied 314 U.S. 631, 62 S.Ct. 63, 86 L.Ed. 506; Levey v. Smith, 7 Cir., 103 F. 2d 643, certiorari denied 308 U.S. 578, 60 S.Ct. 94, 84 L.Ed. 484; Knoernschild…
• In re Black Ranches, Inc. v. Strand, 362 F.2d 8 (8th Cir. 1966)
  …bring this case within the rule that “A bankruptcy court is essen [*16] tíally a court of equity and will therefore not enforce a penalty.” In re Tastyeast, Inc., 126 F. 2d 879, 881 (3 Cir. 1942), cert. denied, Modern Factors Co. v. Tastyeast, Inc., 316 U.S. 696, 62 S.Ct. 1291, 86 L.Ed. 1766. This case recognizes that: “[t]he question whether a contract to increase interest after default is an agreement to exact a penalty is one of state law and state policy.” Id., 881-882. In the early cases of Havemeyer…