EX PARTE BENEVOLENT AND PROTECTIVE ORDER OF ELKS

No. 235.

69 F.2d 816 (1934)

Ex parte BENEVOLENT AND PROTECTIVE ORDER OF ELKS, BROOKLYN LODGE NO. 22. MANUFACTURERS' TRUST CO. v. BACHRACH.

Circuit Court of Appeals, Second Circuit.

March 19, 1934.


Attorney(s) appearing for the Case

Newman & Bisco, of New York City (Ralph A. Woodend, of New York City, of counsel), for appellant Manufacturers' Trust Co.

Strongin & Hertz, of Brooklyn, N. Y. (Milton Hertz and Charles Wilson, both of Brooklyn, N. Y., of counsel), for appellee Herman S. Bachrach, trustee in bankruptcy.

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


AUGUSTUS N. HAND, Circuit Judge.

On December 1, 1926, the above-named bankrupt entered into a building loan agreement with Manufacturers' Trust Company whereby the lender agreed to make a building loan of $2,900,000 to be evidenced by the bond of the borrower and to be secured by mortgage to the trust company for the benefit of the holders or registered owners of the certificates provided for in such mortgage. The mortgage was to be upon certain premises at the corner...

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