MAHONING INV. CO. v. CENTRAL HANOVER BANK & TRUST CO.


30 F.Supp. 849 (1939)

MAHONING INV. CO. v. CENTRAL HANOVER BANK & TRUST CO. et al.

District Court, S. D. New York.

December 11, 1939.


Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, of New York City (Hugo Kohlmann, Eugene W. Goodwillie, and Dudley B. Bonsal, all of New York City, of counsel), for plaintiff.

Larkin, Rathbone & Perry, of New York City, for defendant Central Hanover Bank & Trust Co., as trustee under consolidated mortgage of Buffalo, Rochester & Pittsburgh Railway Co.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Leonard D. Adkins, and Littleton Groom, both of New York City, of counsel), for defendant Buffalo, Rochester & Pittsburgh Ry. Co.


GALSTON, District Judge.

Plaintiff seeks to recover 82,524 shares of the Class A common stock of the Rochester & Pittsburgh Coal Company, and 200 shares of the capital stock of the J. & C. Corporation from the defendant, Central Hanover Bank & Trust Company, as successor trustee in the indenture designated as the general mortgage of the defendant, Buffalo, Rochester & Pittsburgh Railway Company. The material facts are not in dispute.

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