NOLTE v. HUDSON NAV. CO.

No. 377.

11 F.2d 680 (1926)

NOLTE et al. v. HUDSON NAV. CO.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.


Attorney(s) appearing for the Case

Nash Rockwood, of New York City (Boardman Wright, of New York City, of counsel), for Hudson Nav. Co.

George Pfeil, of New York City (Arthur P. Heinze, of New York City, of counsel), for National Surety Co.

Geller, Rolston & Blanc, of New York City (Edward H. Blanc, of New York City, of counsel), for Farmers' Loan & Trust Co.

Graham, McMahon, Buell & Knox, of New York City (Edward W. McMahon, of New York City, of counsel), for National Commercial Bank & Trust Co.

Murray, Aldrich & Roberts, of New York City, for Equitable Trust Co. of New York.

Kenneth Mackenzie, of New York City, for Assets Purchasing Corporation.

Abberley & Bryde, of New York City, for Nolte's Executors.

Before ROGERS, HAND, and MACK, Circuit Judges.


HAND, Circuit Judge (after stating the facts as above).

The consolidation of the causes was merely procedural and affected no substantial interest. It was certainly justified. Toledo, etc., R. R. v. Continental Trust Co., 95 F. 497, 505, 506, 36 C. C. A. 155 (C. C. A. 6). The general creditors might, of course, have insisted upon a sale of the incumbered assets separately, had they chosen, but it would have been a foolish...

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