NEW YORK TRUST CO. v. ISLAND OIL & TRANSPORT CORPORATION

No. 273.

34 F.2d 649 (1929)

NEW YORK TRUST CO. v. ISLAND OIL & TRANSPORT CORPORATION et al. Ex parte TUMULTY & GLASS.

Circuit Court of Appeals, Second Circuit.

June 24, 1929.


Attorney(s) appearing for the Case

Leavitt J. Hunt and Hunt, Hill & Betts, all of New York City (Robert McLeod Jackson and John J. Curtin, both of New York City, on the brief), for receivers of Gulf States Oil & Refining Co.

Carl J. Austrian and Kohlman & Austrian, all of New York City (Saul J. Lance and Francis L. Kohlman, both of New York City, on the brief), for receivers of Island Oil & Transport Corporation.

William M. Chadbourne and Chadbourne, Hunt, Jaeckel & Brown, all of New York City (Clinton De Witt Van Siclen and Alfred H. Phillips, both of New York City, on the brief), for noteholders' committee of Island Oil & Transport Corporation.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


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

We do not find it necessary at the present time to decide most of the questions argued on the appeal, and we are content to accept arguendo the claimant's position as to the contract as a whole, whatever we might think, did the case turn upon it; that is to say, we assume that the contract was valid, because there were two distinguishable persons who were parties,...

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