IN RE 2168 BROADWAY CORPORATION


11 F.Supp. 404 (1935)

In re 2168 BROADWAY CORPORATION.

District Court, S. D. New York.

May 8, 1935.


Attorney(s) appearing for the Case

Harper & Matthews, of New York City (Mark M. Horblit, of Boston, Mass., and Harold Harper, of New York City, of counsel), for appellant.

Daniel A. Shirk and Milton A. Goldiner, both of New York City (Edwin R. Wolff and Daniel A. Shirk, both of New York City, of counsel), for appellees.


Petition dismissed.

Order affirmed 78 F.2d 678.

KNOX, District Judge.

A receivership that is merely incidental to the foreclosure of a mortgage upon real estate of a corporate debtor that is unable to meet its debts as they mature is not of the quality of the "equity receivership," which, under the provisions of subdivision (a) of section 77B of the Bankruptcy Act (11 USCA § 207 (a), and in the absence of an act...

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