JOHNSON v. MANHATTAN RY. CO.


1 F.Supp. 809 (1932)

JOHNSON v. MANHATTAN RY. CO. et al.

District Court, S. D. New York.

October 13, 1932.


Attorney(s) appearing for the Case

Charles Franklin, of New York City (Herbert Goldmark and Leonard H. Goldenson, both of New York City, on the brief), for complainant.

Louis Boehm, of New York City, for intervener Lillian Boehm.

Lloyd Paul Stryker, of New York City, for Holders of Ten-Year 6 Per Cent. Gold Notes Committee of Interborough Rapid Transit Co.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, Winfred K. Petigrew, and Paris S. Russell, all of New York City, of counsel), for defendant American Brake Shoe & Foundry Co.

Hughes, Schurman & Dwight, of New York City (Charles E. Hughes, Jr., and Allen S. Hubbard, both of New York City, of counsel), for defendant William Roberts, receiver of Manhattan Ry. Co.

Chadbourne, Stanchfield & Levy, of New York City (William D. Guthrie, William Wallace, and J. Arthur Leve, all of New York City, of counsel), for defendants Dowling and Murray, receivers of Interborough Rapid Transit Co.

James L. Quackenbush, of New York City, for defendant Interborough Rapid Transit Co.

Arthur J. W. Hilly, Corp. Counsel, of New York City (F. E. Carstarphen, Edgar J. Kohler, and Harry Hertzoff, all of New York City, of counsel), for defendant New York City.

Cotton, Franklin, Wright & Gordon, of New York City (Clifton Murphy and B. C. Wright, both of New York City, of counsel), for Protective Committee of Manhattan Consolidated 4's.

Lawrence Berenson, of New York City, for complainant in action entitled Barber v. Manhattan Elevated R. R. Co., the Interborough Rapid Transit Co. and receivers of Interborough Rapid Transit Co.

Dills, Muecke & Schelker, of New York City (Duane R. Dills, of New York City, of counsel), for defendant Manhattan Ry. Co.

Elon S. Hobbs, of New York City, for independent security holders who have not filed their securities with Protective Committee, but have filed petition.

Marshall & Wehle, of New York City (Louis B. Wehle, of New York City, of counsel), for Protective Committee for Manhattan Ry. Co. 7 Per Cent. Guaranteed Stock.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Edwin S. S. Sunderland, of New York City, of counsel), for 7 Per Cent. Noteholders' Committee and 5 Per Cent. Bondholders' Committee, both committees of Interborough Rapid Transit Co. securities.

John J. Curtin, of New York City (George H. Stover, of New York City, of counsel), for Transit Commission.

Davies, Auerbach & Cornell, of New York City (Harold C. McCollom, of New York City, of counsel), for Central Hanover Bank & Trust Co.

The following members of the bar appeared on the argument of these motions and submitted oral arguments or briefs therein:

Charles Franklin and Louis Boehm, both of New York City, on behalf of the complainant in equity 71 — 153, and Lillian Boehm, intervener.

William D. Guthrie and William Wallace, both of New York City, for receivers of Interborough Rapid Transit Co.

Charles E. Hughes, Jr., and Allen S. Hubbard, both of New York City, for William Roberts, receiver of the Manhattan Ry. Co.

Charles H. Tuttle, Winfred K. Petigrue, and Paris S. Russell, all of New York City, for American Brake Shoe & Foundry Co., complainant in equity 70 — 364.

Lloyd P. Stryker, of New York City, for Committee of Noteholders of Ten-Year 6 Per Cent. Gold Notes of Interborough Rapid Transit Co.

Elon S. Hobbs, of New York City, pro se and representing independent holders of securities.

Edwin S. S. Sunderland, of New York City, for 7 Per Cent. Noteholders' Committee and 5 Per Cent. Bondholders' Securities.

Harold C. McCollom, of New York City, for Central Hanover Bank & Trust Co.


WOOLSEY, District Judge.

These motions are granted to the extent here indicated:

A (1) The counsel for the moving parties may present to me for signature an order providing for the consolidation of the cause of American Brake Shoe & Foundry Company v. Interborough Rapid Transit Company, Manhattan Railway Company, Intervener, equity No. 70 — 364, with this cause of Johnson v. Manhattan Railway Company,...

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