DUNN v. READING TRUST CO.

No. 7549.

121 F.2d 854 (1941)

DUNN v. READING TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

June 30, 1941.


Attorney(s) appearing for the Case

Russell H. Yoder, of Reading, Pa., for appellant.

Randolph Stauffer, of Reading, Pa., for appellees.

Before MARIS, CLARK, and JONES, Circuit Judges.


CLARK, Circuit Judge.

A national bank became a trustee under a mortgage and sold the bonds to the public. Seven years after this transaction (1925-1932) the mortgagor defaulted in two successive installments of interest. The trustee bank followed the Micawber theory of the day and paid the overdue interest itself. Although with no assurance that such theory was shared by the bondholders, they were nevertheless left with rosy dreams of profitable property. The rude...

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