IN RE COMMONWEALTH BOND CORPORATION

No. 423.

77 F.2d 308 (1935)

In re COMMONWEALTH BOND CORPORATION. EVANS v. MANN.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.


Attorney(s) appearing for the Case

Daniel A. Shirk, of New York City, for appellant.

McManus, Ernst & Ernst, of New York City (Irving L. Ernst and Lester D. Melzer, both of New York City, of counsel), for appellee Mann.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The debtor, Commonwealth Bond Corporation, a Delaware company, filed a petition in bankruptcy in the District Court of Delaware under section 77B of the Bankruptcy Act (11 USCA § 207); the proceeding has been removed to the Southern District of New York. Evans, the moving party in the court below and the appellant here, is the owner of a "participation certificate" for $1,000 in a bond and mortgage issued by a New York company, known as...

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