Melville Fuller

“ These first mortgage bonds matured January 1, 1920, and there was no provision in them, nor in the mortgage, that they should become due or could be declared due before that date; nor were there any allegations in the bill upon which to predicate a finding or decree to that effect. The mortgage provided that, in case of entry by the trustee for non-payment of interest, or of principal at maturity, the income and revenue should be applied to the payment of such interest, and the residue to the payment of the principal ”

“ Rep. 10. Neither in the pleadings nor in the reports of the special master, nor in any part of the record, can we discover the basis for the statement: 'The court therefore finds that there is due from said defendant, the Ohio Central Railroad Company, to the complainant, as trustee for the holders of said bonds secured by said first main-line mortgage, upon each of said bonds, the sum of eight hundred and two and sixty-eight and one-third one-hundredths dollars, ($802.68 1/3.) ”