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COFFEY v. MANAGED PROPERTIES

No. 338.

85 F.2d 88 (1936)

COFFEY v. MANAGED PROPERTIES, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 23, 1936.

Attorney(s) appearing for the Case

Strange, Myers, Hinds & Wight, of New York City (Roger Hinds, of New York City, of counsel), for appellant Managed Properties, Inc.

Victor R. Carpenter, of Mount Vernon, N. Y. (Bern Budd and Frederick F. Hufnagel, both of Bronxville, N. Y., of counsel), for appellee William S. Coffey, as Trustee in Bankruptcy of estate of Frank R. Pierson.

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

AUGUSTUS N. HAND, Circuit Judge.

Frank R. Pierson owned two plots of land in Buffalo, N. Y., on one of which there was a mortgage of $43,000 to Betsy Smith, which by January 31, 1934, had by payments been reduced to $5,750. On that date Pierson executed a mortgage to the defendant Hitchings & Co. to secure payment of $25,000. The $25,000 mortgage covered both plots and was made subject to the prior mortgage to Betsy Smith on one of them. The defendant Hitchings...

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