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MacGREGOR v. JOHNSON-COWDIN-EMMERICH

No. 224.

31 F.2d 270 (1929)

MacGREGOR v. JOHNSON-COWDIN-EMMERICH, Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 4, 1929.

Attorney(s) appearing for the Case

White & Case, of New York City (Joseph M. Hartfield and Jesse E. Waid, both of New York City, of counsel), for appellant.

Hughes, Schurman & Dwight and Herkimer & Weis, all of New York City (Ralph S. Harris, Bert S. Herkimer, John Fletcher Caskey, and Joseph F. Sharp, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Johnson-Cowdin-Emmerich, Inc., is a New York corporation, for which receivers in equity were appointed on May 5, 1927. They qualified and were acting as such when, on March 13, 1928, the appellant, a trustee under a mortgage to secure bonds, petitioned the court for leave to foreclose the same because of a default in the terms of the mortgage. The petition asked to institute and prosecute an independent...

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