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LIDGERWOOD v. HALE & KILBURN CORPORATION

47 F.2d 318 (1930)

LIDGERWOOD v. HALE & KILBURN CORPORATION.

District Court, S. D. New York.

December 6, 1930.

Attorney(s) appearing for the Case

Thomas J. Blake, of New York City, for plaintiff.

Davisson & Manice, of New York City (Allen McCarty, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The plaintiff moves for judgment on the pleadings. The case presents the interesting question whether the holder of a promissory note may maintain a suit against the maker after maturity and nonpayment, where the note recites that it is subject to the terms of an indenture and where the indenture provides that no noteholder shall bring suit to enforce the note unless the trustee under the indenture shall fail to bring suit after being requested...

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