ROCKWELL v. NEW YORK UNITED HOTELS

No. 216.

79 F.2d 81 (1935)

ROCKWELL v. NEW YORK UNITED HOTELS, Inc. DONAHUE v. HOWE et al.

Circuit Court of Appeals, Second Circuit.

July 22, 1935.


Attorney(s) appearing for the Case

Daniel F. Cohalan, of New York City (David W. Kahn, of New York City, of counsel), for appellant.

Loucks & Cullen, Baldwin, Hutchins & Todd, and Graham, McMahon, Buell & Knox, all of New York City (Edward Ward McMahon and William H. Hall, both of New York City, and Hugh M. Morris, of Wilmington, Del., of counsel), for appellees.

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


L. HAND, Circuit Judge.

The two decrees from which these appeals were taken were entered in a winding up suit, ancillary to an original shareholders' suit brought in Delaware, the state of the defendant's incorporation. The bill alleged that a plan of readjustment had been propounded by the defendant, which though solvent in the sense of the Bankruptcy Act (11 USCA), was insolvent in that it was unable to pay its obligations in due course; and that there was danger...

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