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PRUDENTIAL INS. CO. v. LIBERDAR HOLDING CORPORATION

Nos. 54, 55.

74 F.2d 50 (1934)

PRUDENTIAL INS. CO. OF AMERICA v. LIBERDAR HOLDING CORPORATION. In re THEODORE A. CRANE'S SONS CO. (two cases). THEODORE A. CRANE'S SONS CO. v. WILLIAMS et al.

Circuit Court of Appeals, Second Circuit.

December 3, 1934.

Attorney(s) appearing for the Case

McKenzie, Peper & McKenzie, of Brooklyn, N. Y. (Alfred C. McKenzie, of Brooklyn, N. Y., of counsel), for petitioner-appellant, Theodore A. Crane's Sons Co., holder of a mortgage on 258 Seigel street and a mortgage on 1155-1157 Seventieth street, Brooklyn, N. Y.

Greenbaum, Wolff & Ernst and Stephen Callaghan, all of New York City (Stephen Callaghan, of New York City, and Thomas A. Gaffney, of Brooklyn, N. Y., of counsel), for respondents-appellees, Herbert L. Williams, Edward McLoughlin, and Alphonso M. Dreyer, as ancillary receivers of Liberdar Holding Corporation.

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

AUGUSTUS N. HAND, Circuit Judge.

On September 6, 1933, ancillary receivers of the Liberdar Holding Corporation were appointed by the United States District Court in a suit to conserve its property and business for the benefit of creditors. Prior to that date, the company had collected rents from the real estate covered by two mortgages belonging to Theodore A. Crane's Sons Company and there had been a default in payment of taxes for November, 1932, and May, 1933,...

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