NASH v. ONONDAGA HOTEL CORPORATION

No. 215.

140 F.2d 209 (1944)

NASH v. ONONDAGA HOTEL CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

January 26, 1944.


Attorney(s) appearing for the Case

John F. Nash and Schuyler L. Black, both of Syracuse, N. Y., for appellant.

George A. Langan, of Syracuse, N. Y., for Robert R. Meyer, a bondholder, appearing in support of appeal.

Allen C. Bragaw, of New York City, for Mokava Corporation, a bondholder, appearing in support of appeal.

Hiscock, Cowie, Bruce, Lee & Mawhinney, of Syracuse, N. Y. (H. Duane Bruce, of Syracuse, N. Y., of counsel), for appellees First Trust & Deposit Co. and others.

Mackenzie, Smith & Michell, of Syracuse, N. Y., for appellee T. Frank Dolan, Jr.

Costello, Cooney & Fearon, of Syracuse, N.Y. (Laurence Sovik, of Syracuse, N. Y., of counsel), for appellee Julia F. Parsons.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether a certain trust mortgage given by Onondaga Hotel Corporation to the Syracuse Trust Company, as trustee, covers furniture and equipment, or only the real estate of the debtor. On October 1, 1908, Onondaga Hotel Corporation executed and delivered the so-called trust mortgage to the Syracuse Trust Company, which, after mortgaging certain real estate of the mortgagor described therein, contained...

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