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AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO.

Nos. 220, 221.

10 F.2d 920 (1926)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. NEW YORK RYS. CO. Appeal of EIGHTH AVE. RY. CO. Appeal of NINTH AVE. RY. CO.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.

Attorney(s) appearing for the Case

Michel Kirtland, of New York City (Kerner Easton, of New York City, on the brief), for appellants.

Cotton & Franklin, of New York City (Boykin Wright and J. A. Fowler, Jr., both of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

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

Had the lessors stood outside the suit, we do not see how the court would have had summary jurisdiction. It could not have rested upon contempt, because the lessors got possession of the checks under the agreements of December, 1922, which expressly gave them that right, and prescribed that, notwithstanding, the parties should stand as of April 20, 1921, the date when the comptroller acknowledged liability. It...

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