CITY BANK FARMERS T. CO. v. 31 W. SEVENTY-SECOND ST. CORP.

No. 195.

94 F.2d 584 (1938)

CITY BANK FARMERS TRUST CO. v. THIRTY-ONE WEST SEVENTY-SECOND STREET CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.


Attorney(s) appearing for the Case

James B. M. McNally, of New York City, for appellant.

Shaine & Weinrib, of New York City (Maurice L. Shaine and Jack Gross, both of New York City, of counsel), for appellee.

Thomas Cradock Hughes and Emanuel Celler, both of New York City (Thomas Cradock Hughes and Irving Rozen, both of New York City, of counsel), for Trustees of Prudence Co., Inc.

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


PER CURIAM.

This case arises upon a claim of the City Bank Farmers Trust Company against a fund of $15,090 in the hands of the Central Hanover Bank & Trust Company, as trustee of a mortgage, two certificates of participation in which the claimant owns. The facts are as follows: On July 15, 1931, the debtor executed an agreement with the Prudence-Bonds Corporation, which we shall speak of as a mortgage upon its real property in the sum of $1,457,250, although it...

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