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AMERICAN B. SHOE & FOUNDRY CO. v. INTERBOROUGH R. T. CO.

No. 283.

136 F.2d 681 (1943)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. INTERBOROUGH RAPID TRANSIT CO. Appeal of SALOMON.

Circuit Court of Appeals, Second Circuit.

June 2, 1943.

Attorney(s) appearing for the Case

Robert C. Birkhahn, of Lawrence, N. Y., for appellant.

Thomas D. Thacher, Corp. Counsel, of New York City (Leo Brown and Albert S. Hartman, both of New York City, of counsel), for appellee.

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

PER CURIAM.

On June 1, 1942, the appellant brought an action against the City in the Supreme Court of New York County to recover $21,840 as rental dividends alleged to have accrued between October 1, 1932, and April 1, 1942, inclusive, on 320 shares of Manhattan 7% guaranteed stock owned by him. His claim against the City was based on the theory that in acquiring the Interborough properties in 1940 the City succeeded to and assumed the obligations of Interborough...

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