IN RE THORNYCROFT, INC.

No. 305.

120 F.2d 469 (1941)

In re THORNYCROFT, Inc. THORNYCROFT APARTMENTS, Inc., v. STATE TAX COMMISSION.

Circuit Court of Appeals, Second Circuit.

June 9, 1941.


Attorney(s) appearing for the Case

Boston & Gillis, of New York City (J. F. Gillis, of New York City, of counsel), for appellant.

John J. Bennett, Jr., Atty. Gen. (George F. Mullay and Robert P. Beyer, Asst. Attys. Gen., of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


SWAN, Circuit Judge.

The appellant is the new corporation created pursuant to the plan of reorganization to take title to the debtor's property. This consisted of real estate subject to a mortgage, upon which the mortgagee had started foreclosure prior to commencement of the reorganzation proceedings. The mortgagee had also taken possession under a voluntary assignment of rents. By order of January 7, 1935, the District Court continued the debtor in such possession...

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