HOWE & ROGERS CO. v. LYNN

No. 479.

71 F.2d 283 (1934)

HOWE & ROGERS CO. v. LYNN.

Circuit Court of Appeals, Second Circuit.

June 11, 1934.


Attorney(s) appearing for the Case

Macomber & Skivington, of Rochester, N. Y. (George J. Skivington, of Rochester, N. Y., of counsel), for appellant.

Walter A. Swan, of Rochester, N. Y., for appellee.

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


PER CURIAM.

The claimant is a preferred beneficiary of a mortgage upon two apartment houses in Rochester, N. Y. These had belonged to the bankrupt, which had acquired title to them in pursuance of a contract between the creditors of itself and of several other persons or corporations and the former owners of the property. By the terms of the agreement, the bankrupt was to give notes to the creditors, no matter who was the debtor, and they were to release their existing...

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