IN RE NINE NORTH CHURCH STREET

No. 257.

82 F.2d 186 (1936)

In re NINE NORTH CHURCH STREET, Inc.

Circuit Court of Appeals, Second Circuit.

March 2, 1936.


Attorney(s) appearing for the Case

Glass & Lynch, of New York City (Joseph Glass and Leslie Kirsch, both of New York City, of counsel), for appellants.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Tom Garrett and James A. Sweet, both of New York City, of counsel), for appellant Guaranty Trust Co. of New York as trustee.

Benjamin McClung and Charles B. Sullivan, both of Albany, N. Y. (Kenneth M. Spence and Henry G. Hotchkiss, both of New York City, of counsel), for debtor-respondent Nine North Church Street, Inc.

Greenbaum, Wolff & Ernst, of New York City (Edward S. Greenbaum and Benjamin Kaplan, both of New York City, of counsel), for respondent Maryland Casualty Co.

Before MANTON, SWAN, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

Nine North Church Street, Inc., the debtor herein, owns title to a parcel of real estate of that address in Schenectady, N. Y. On June 15, 1925, Colonial Apartment Corporation had executed and delivered to the Guaranty Trust Company, as trustee, a bond secured by a trust mortgage upon these premises and the trustee had issued $310,000 principal amount of participating certificates in this bond and mortgage. The trust mortgage provided that Colonial...

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