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IN RE INTERNATIONAL RAW MATERIAL CORPORATION

No. 53.

22 F.2d 920 (1927)

In re INTERNATIONAL RAW MATERIAL CORPORATION. Appeal of WORMSER & CO.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.

Attorney(s) appearing for the Case

Davidson, Moses & Sicher, of New York City (James Garfield Moses and George Schreiber, both of New York City, of counsel), for appellant.

David W. Kahn, of New York City, for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

Four questions of law are presented upon this record:

(1) Can an agreement by a corporation to pay a rate of interest or a commission in excess of the legal rate be held invalid by a court of bankruptcy, having the custody of a fund which is collateral security for the performance of the agreement, upon the ground that a lien upon that fund for an excessive rate is unconscionable and should...

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