BANKERS TRUST CO. v. HALE & KILBURN CORPORATION

No. 365.

84 F.2d 401 (1936)

BANKERS TRUST CO. v. HALE & KILBURN CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 22, 1936.


Attorney(s) appearing for the Case

Appleton, Rice & Perrin, of New York City (Lee J. Perrin, T. F. Davies Haines, and Gerhard R. Gerhard, all of New York City, of counsel), for plaintiff-appellee.

Davisson, McCarty & Lockwood, of New York City (Allen McCarty and Donald B. Riker, both of New York City, of counsel), for original defendant Hale & Kilburn Corporation.

Mudge, Stern, Williams & Tucker, of New York City (Henry Root Stern, H. G. Pickering, and Paul D. Miller, all of New York City, of counsel), for impleaded defendants-appellants American Can Company, Chase Securities Corporation (now Amerex Holding Corporation), and the Shermar Corporation.

Cravath, deGersdorff, Swaine & Wood, of New York City (Wm. D. Whitney and Hugh A. Fulton, both of New York City, of counsel), for Bancamerica-Blair Corporation.

Before MANTON, SWAN, and CHASE, Circuit Judges.


MANTON, Circuit Judge (after stating the facts as above).

Hale & Kilburn, in 1918, issued $750,000 unsecured notes under an agreement naming plaintiff trustee of the issue. The notes were in ten series of $75,000 each maturing annually from July 1, 1922, until July 1, 1931. In 1920, Hale & Kilburn, in consideration of the issue to it of stock of the transferee, conveyed all its assets to the American Motor Body Company, which assumed the obligation of the...

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