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IN RE NEW YORK, N. H. & H. R. CO.

No. 28.

92 F.2d 428 (1937)

In re NEW YORK, N. H. & H. R. CO. ANNETT v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

November 1, 1937.

Attorney(s) appearing for the Case

Curtis K. Thompson, John H. Weir, and Herbert S. MacDonald, all of New Haven, Conn., for claimant.

Frederick H. Wiggin, Stewart H. Jones, and John Q. Tilson, Jr., all of New Haven, Conn., for appellee Bankers Trust Co.

Edward R. Brumley, of New York City, for trustees of the debtor.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

The claimant, Annett, while a passenger on the debtor railroad during the year 1913, suffered injuries for which the debtor recognized liability. On January 1, 1914 it made an agreement with her to pay her $10,000 cash at once, and $700 a month as long as she should live. This agreement it continued to perform until the month of November 1935, when it defaulted. It had filed a petition for reorganization under section 77 of the Bankruptcy Act...

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