IN RE MORRIS WHITE HOLDING CO.

No. 51126.

52 F.2d 499 (1931)

In re MORRIS WHITE HOLDING CO., Inc., and three other cases.

District Court, S. D. New York.

September 22, 1931.


Attorney(s) appearing for the Case

Jones, Clark & Higson, of New York City (A. Delafield Smith, of New York City, of counsel), for petitioners.

Cadwalader, Wickersham & Taft, of New York City, for Bowery Sav. Bank, holding a first mortgage on the Hotel White, as amici curiæ.

Rosenberg, Goldmark & Colin, of New York City (James N. Rosenberg and George K. Hourwich, both of New York City, of counsel), for Irving Trust Co., trustee of bankrupt estates of Morris White Holding Co.


WOOLSEY, District Judge.

I grant the petition herein sought to the extent that leave is granted to the petitioner to bring a foreclosure suit on the equity side of this court to foreclose the mortgage which it claims to hold on certain real estate and personal property of the Morris White Holding Company, Inc., situate within this district, and to join therein the bankrupt, the trustee in bankruptcy thereof, and all other necessary or proper parties, and to proceed...

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