PELHAM HALL CO. v. A. B. & M. LIQUIDATION CORPORATION

Nos. 3542, 3543.

112 F.2d 498 (1940)

PELHAM HALL CO. et al. v. A. B. & M. LIQUIDATION CORPORATION. MYLES STANDISH CO. et al. v. SAME.

Circuit Court of Appeals, First Circuit.

June 7, 1940.


Attorney(s) appearing for the Case

Robert H. Davison, of Boston, Mass. (Lewis L. Wadsworth, Jr., and Haussermann, Davison & Shattuck, all of Boston, Mass., on the brief), for appellants.

Richard Wait, of Boston, Mass. (Charles O. Pengra, Charles P. Curtis, Jr., and John Dane, Jr., all of Boston, Mass., and Cassels, Potter & Bentley, of Chicago, Ill., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and PETERS, District Judge.


PETERS, District Judge.

The question raised by these suits in equity, commenced under the old practice, is whether certain bonds and coupons, under the circumstances disclosed, should be treated as outstanding secured obligations of the issuing corporation in a reorganization plan, they having been paid and taken up at maturity by another corporation having no obligation to do so. Both cases, in which the facts are substantially the same, were heard together in the...

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