COMSTEDT v. GILMORE

Nos. 6492, 6547.

96 F.2d 766 (1938)

COMSTEDT et al. v. GILMORE et al.

Circuit Court of Appeals, Third Circuit.

May 3, 1938.


Attorney(s) appearing for the Case

John E. Cupp and John Barbe Cupp, both of Williamsport, Pa. (Mortimer C. Rhone, of Williamsport, Pa., of counsel), for appellants.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Chester A. McLain and Howard C. Petersen, both of New York City, of counsel), for appellee Bethlehem Steel Co.

Fearey, Allen & Johnston, of New York City, and O'Malley, Hill, Harris & Harris, of Scranton, Pa., for appellee National City Bank of New York, trustee.

McCormick, Herdic & Furst, of Williamsport, Pa. (Henry Alan Johnston, of New York City, of counsel), for appellee West Branch Bank & Trust Co., trustee.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.


DICKINSON, District Judge.

These appeals are from the decree of the District Court in a mortgage foreclosure bill. A sale was had and confirmed by the court. The practical question is whether a better price could be secured on a resale. The appellants are the victims of a condition which confronts those who owe and those who own corporate mortgages. The mortgage premises have no market value. A sale is no more than a transfer of title. The transfer is always made...

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