AMERICAN BRAKE SHOE & F. CO. v. INTERBOROUGH R. T. CO.


26 F.Supp. 954 (1939)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO.

District Court, S. D. New York.

January 5, 1939.


PATTERSON, District Judge.

The question is whether interest shall be paid on past due coupons of the Interborough 7 percent notes, out of monies received by the trustee for noteholders from the collateral pledged to secure the notes.

The notes, of which roughly $30,000,000 in face amount are outstanding, were issued in 1922 under an indenture running to Bankers Trust Company as trustee for noteholders. Some $55,000,000 Interborough First and Refunding 5% Bonds...

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