CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION


14 F.Supp. 686 (1936)

CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORPORATION. Claim of UNION GUARDIAN TRUST CO., DETROIT, MICH.

District Court, S. D. New York.

May 7, 1936.


Attorney(s) appearing for the Case

Dykema, Jones & Wheat, of Detroit, Mich., for Union Guardian Trust Co.

Basil O'Connor, of New York City, for receiver of Fox Theatres Corporation.


MANTON, Circuit Judge, designated to sit in the District Court.

The claimant asks that its claim be allowed for $1,482,510.75 for rents accrued but unpaid on October 27, 1931, when the foreclosure receiver was appointed. The special master has disallowed the claim for $1,421,178.55, being the amount due on October 1, 1931, the date of default upon the mortgage.

The Colwood Company, as of April 1, 1927, executed a trust mortgage, of which the claimant is trustee...

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