MARINE HARBOR PROPERTIES, INC.
v.
MANUFACTURERS TRUST CO., TRUSTEE, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued October 16, 19, 1942.
Decided November 9, 1942.
Attorney(s) appearing for the Case
Mr. Arthur E. Friedland for petitioner.
Mr. Chester T. Lane, with whom Solicitor General Fahy and Messrs. Richard S. Salant, John F. Davis, Homer Kripke, Morton E. Yohalem, George Zolotar, and Mortimer Weinbach were on the brief, for the Securities and Exchange Commission; and Mr. Charles E. Hughes, Jr., with whom Mr. Curtiss E. Frank was on the brief, for the Manufacturers Trust Co., Trustee, respondents.
By special leave of Court, Mr. Benjamin Heffner, Assistant Attorney General of New York, with whom Messrs. John J. Bennett, Jr., Attorney General, Henry Epstein, Solicitor General, John F.X. McGohey, Assistant Attorney General, and Mr. Edward F. Keenan were on the brief, for the State of New York, as amicus curiae, urging affirmance.
Messrs. Martin A. Schenck, Samuel Kramer, Carl J. Austrian, Clarence F. Corner, and George J. Gillespie filed a brief on behalf of certain charitable institutions, as amici curiae, urging affirmance.
Supreme Court of United States.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
The question in this case is whether the Circuit Court of Appeals was in error in holding that a debtor's petition filed by petitioner under Ch. X of the Bankruptcy Act (52 Stat. 883, 11 U.S.C. § 501) was not filed in "good faith."
The debtor's sole asset is an apartment building in New York City which is subject to a first mortgage of $370,000. This mortgage...
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