Louis Brandeis

“ The new company contends, that since the shipper's claim was not filed within the time limited by the interlocutory decree it was among those declared barred by the terms of the final decree; and that by intervening he estopped himself from obtaining any relief. [6] No good reason is shown why relief may not be had as well upon an intervening petition as upon an original bill. As this may be done, he should be put, as nearly as may be consistently with the rights of others, into the position which he would have occupied had he filed his claim in the receivership proceedings in the proper time. ”

“ We need not determine whether the noncontractual claim here in suit is in its nature within the class of debts entitled to preferential payment under the doctrine of Fosdick v. Schall. For, by long established practice, the doctrine has been applied only to unpaid expenses incurred within six months prior to the appointment of the receivers. See Lackawanna Coal Co. v. Trust Co. ”

“ Notes
↑ The intervening petition and the decree cover also another judgment for $3,652.97 in favor of Spiller and others.↑ There were in fact four suits; two brought by unsecured creditors and two by the trustees of mortgages under which the foreclosure was had. All the suits were consolidated in May, 1914.↑ See sections 8, 16 (1) , and 16 (2) , of the Interstate Commerce Act as it stood at the time of the overcharges in question, Act of Feb. 4, 1887, c. 104, 24 Stat. 379, 382, 384, as amended by the Act of June 29, 1906, c. 3591, 34 Stat. 584, 590 (Comp. St. §§ 8572, 8584) . ”