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SMITH v. D. A. SCHULTE, INC., OF NEW YORK

No. 345.

91 F.2d 732 (1937)

SMITH et al. v. D. A. SCHULTE, Inc., OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

June 28, 1937.

Attorney(s) appearing for the Case

Rosenberg, Goldmark & Colin, of New York City (Max Freund and Paul A. Landsman, both of New York City, of counsel), for appellants.

Jerome Eisner and Ernst, Gale, Bernays & Falk, all of New York City (Henry I. Fillman, of New York City, of counsel), for appellee.

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

PER CURIAM.

This appeal presents only one variant upon Central Manhattan Properties, Inc., v. D. A. Schulte, Inc., of New York (C.C.A.) 91 F.2d 728, handed down herewith. The lessor, Schulco Company, Inc., mortgaged some of the parcels of land in question to the Central Hanover Bank & Trust Company, together "with the right to receive all rents due or to become due thereunder." The debtor argues that this passed title to the rents...

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