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REAL ESTATE-LAND T. & T. CO. v. COMMONWEALTH BOND CORP.

No. 233.

63 F.2d 237 (1933)

REAL ESTATE-LAND TITLE & TRUST CO. v. COMMONWEALTH BOND CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 14, 1933.

Attorney(s) appearing for the Case

Rabenold & Scribner, of New York City (Allan R. Campbell and Charles E. Scribner, both of New York City, of counsel), for appellant.

Clarke & Allen, of New York City (Harold Harper and Arthur R. Gaetjens, both of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

A summary judgment was entered, under the practice of rule 113 of the New York Rules of Civil Practice, and appellant seeks this review. Appellant sold a bond issue secured by a mortgage on an apartment house site in Philadelphia, Pa. The bonds were issued to finance the building construction, but on March 3, 1927, before completion, a receiver in equity was appointed for the owner of the enterprise, a corporation. The appellee loaned money...

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