PALMER v. GUARANTY TRUST CO. OF NEW YORK

No. 295.

111 F.2d 115 (1940)

PALMER v. GUARANTY TRUST CO. OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

April 15, 1940.


Attorney(s) appearing for the Case

John B. Doyle, of New York City (Stewart W. Bowers, of New York City, of counsel), for appellants.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Edwin S. S. Sunderland and Chester F. Leonard, both of New York City, of counsel), for Guaranty Trust Co. of New York.

Chester W. Cuthell, of New York City, Special Counsel to Transit Commission, Metropolitan Division of Department of Public Service of New York.

Miller, Owen, Otis & Bailly, of New York City (Carl M. Owen and Mark F. Hughes, both of New York City, of counsel), for Thomas E. Murray.

Davies, Auerbach, Cornell & Hardy, of New York City (Orrin G. Judd, of New York City, of counsel), for Central Hanover Bank & Trust Co.

Charles Franklin, of New York City, for Manhattan Ry. Co.

Milbank, Tweed & Hope, of New York City (Morris Hadley and Carl V. Venters, both of New York City, of counsel), for Chase Nat. Bank of City of New York.

Duer, Taylor, Wright & Woods, of New York City (John S. Chapman, Jr., of New York City, of counsel), for Theodore S. Watson et al.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


PER CURIAM.

This is an appeal from an order, denying a petition to intervene in an action of foreclosure. The mortgagee sued to foreclose in the District Court on October 20, 1939, and on the 28th the petitioners moved to intervene on the ground that they were the holders of shares of stock in the corporation which had leased the property under foreclosure to the mortgagor. Part of the rent in this lease was the payment of seven per cent. upon shares in the lessor...

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