CHRISTIAN v. R. HOE & CO.

No. 232.

63 F.2d 218 (1933)

CHRISTIAN v. R. HOE & CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 20, 1933.


Attorney(s) appearing for the Case

Samuel Zirn, of New York City (Adolph Feldblum, of New York City, of counsel), creditor-appellant in Person, and attorney for Independent group of 7 per cent. note holders and class A stockholders.

Edwards, Breckenridge & Noble, of New York City (Francis O. Noble, of New York City, of counsel), for plaintiff-appellee.

Hughes, Schurman & Dwight, of New York City (Frank C. Fisher and Curtiss E. Frank, both of New York City, of counsel), for Irving Trust Co., permanent receiver in equity of R. Hoe & Co., Inc., receiver-appellee.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Edwin S. S. Sunderland, Theodore Kiendl, Leighton H. Coleman, and Franklin H. Mills, all of New York City, of counsel), for Guaranty Trust Company of New York, named as appellee, only in appeal No. II.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

These appeals have been consolidated in one record and have been argued together.

The appellant is a note holder and a class A stockholder who appeared on the return day of the order to show cause why the receivership of the defendant should not be made permanent. He opposed the application unsuccessfully and appeals. He is rightfully here, like a defendant who is summoned by process of court and after an adverse ruling has the right...

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