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

No. 273.

34 F.2d 653 (1929)

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

Circuit Court of Appeals, Second Circuit.

June 24, 1929.

Attorney(s) appearing for the Case

Paul B. Barringer, Jr., of New York City, for mortgagee.

Saul J. Lance, of New York City (Francis L. Kohlman, of New York City, on the brief), for receivers.

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

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

We do not find it necessary to decide whether the appointment of the seller's receivers and the subsequent correspondence constituted an anticipatory breach of the contract. Even if they did, the damages are not to be computed in disregard of what took place between then and the filing of the claim, or for that matter — this being in equity — up to the entry of the decree. It is, indeed, one...

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