GUARANTY TRUST CO. OF NEW YORK v. HENWOOD

Nos. 11172, 11182.

98 F.2d 160 (1938)

GUARANTY TRUST CO. OF NEW YORK v. HENWOOD et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

July 13, 1938.


Attorney(s) appearing for the Case

Ralph M. Carson, of New York City, and Guy A. Thompson, of St. Louis, Mo. (Edwin S. S. Sunderland, of New York City, John M. Holmes, of St. Louis, Mo., and Malcolm Fooshee, of New York City, on the brief), for appellant.

A. H. Kiskaddon and Carleton S. Hadley, both of St. Louis, Mo., for appellee Berryman Henwood, trustee.

George L. Buland, of New York City (Ben C. Dey, of New York City, on the brief), for appellee Southern Pac. Co.

Harry Hoffman, of New York City (Wayne Ely and Lyon Anderson, both of St. Louis, Mo., on the brief), for Anglo-Continentale Treuhand, A. G., et al., amici curiæ.

William D. Whitney, of New York City (Cravath, de Gersdorff, Swaine & Wood, Le Boeuf, Machold & Lamb, Horace R. Lamb, and Robert D. Blasier, all of New York City, on the brief), for amici curiæ Cravath, de Gersdorff, Swaine and Wood, et al.

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


STONE, Circuit Judge.

As of January 1, 1912, the St. Louis Southwestern Railway Company (a Missouri corporation) executed a deed of trust (First Terminal and Unifying Mortgage) securing an issue of bonds. That company is now in administration under Section 77 of the Bankruptcy Act, as amended (11 U.S.C.A. § 205). Appellant, as trustee in the deed of trust, filed a claim for the bondholders asserting a right to payment...

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