BANKERS TRUST CO. v. HENWOOD

Nos. 10814, 10837, 10815, 10838.

88 F.2d 163 (1937)

BANKERS TRUST CO. et al. v. HENWOOD (four cases). In re ST. LOUIS SOUTHWESTERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

February 16, 1937.


Attorney(s) appearing for the Case

Edward W. Bourne, of New York City (James H. McIntosh, of New York City, Thomas W. White, of St. Louis, Mo., Alexander & Green, of New York City, and Fordyce, White, Mayne & Williams, of St. Louis, Mo., on the brief), for appellant Bankers Trust Co.

John M. Holmes, of St. Louis, Mo. (Guy A. Thompson, of St. Louis, Mo., Edwin S. S. Sunderland, Malcolm Fooshee, Davis, Polk, Wardwell, Gardiner & Reed, all of New York City, and Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., on the brief), for appellant Guaranty Trust Co. of New York.

Allen C. Orrick, of St. Louis, Mo. (William D. Gaillard, Jr., Milbank, Tweed, Hope & Webb, all of New York City, and Nagel, Kirby, Orrick & Shepley, of St. Louis, Mo., on the brief), for appellant Chase Nat. Bank of City of New York.

Carleton S. Hadley, of St. Louis, Mo. (A. H. Kiskaddon, of St. Louis, Mo., on the brief), for appellee.

Before STONE, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.


STONE, Circuit Judge.

The St. Louis Southwestern Railway Company is in course of administration under section 77 of the Bankruptcy Act, as amended (11 U.S.C.A. § 205). Appellee is the trustee appointed and acting under the act. Appellants are the trustees of various successive mortgagees, all junior to a first mortgage. Interest payments, due since initiation of this debtor's proceeding, on these junior mortgages, have not been made. There is no default on first...

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