TOLFREE v. NEW YORK TITLE & MORTGAGE CO.

Nos. 421, 419.

72 F.2d 702 (1934)

TOLFREE v. NEW YORK TITLE & MORTGAGE CO. et al. REES v. SAME.

Circuit Court of Appeals, Second Circuit.

August 7, 1934.


Attorney(s) appearing for the Case

Greenbaum, Wolf & Ernst, of New York City (Lawrence S. Greenbaum, Morris L. Ernst, Samuel J. Schur, Theodore S. Jaffin, Benjamin Kaplan, and Philip Levy, all of New York City, of counsel), for appellant George S. Van Schaick, Superintendent of Insurance of New York, as Rehabilitator of New York Title & Mortgage Co.

Mudge, Stern, Williams & Tucker, of New York City (Joseph V. Kline and David H. Houghtaling, both of New York City, of counsel), for appellant Bank of the Manhattan Co.

Joseph Nemerov, of New York City (Joseph Nemerov and Maurice J. Dix, both of New York City, of counsel), for complainants-appellees, and Bainbridge Colby, Edwin L. Garvin, John M. McGrath, and Nathan D. Shapiro, trustees.

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


AUGUSTUS N. HAND, Circuit Judge.

On August 4, 1933, the defendant George S. Van Schaick, superintendent of insurance of the state of New York, applied to the New York Supreme Court for an order of rehabilitation of New York Title & Mortgage Company pursuant to the provisions of article 11 (section 400 et seq.) of the Insurance Law of that state (Consol. Laws, c. 28). On the same day the court made an order authorizing him to take possession of the property of...

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