ROTHKOPF v. LOWRY & CO.

No. 226.

148 F.2d 517 (1945)

ROTHKOPF v. LOWRY & CO., Limited.

Circuit Court of Appeals, Second Circuit.

April 3, 1945.


Attorney(s) appearing for the Case

John E. F. Wood and Root, Clark, Buckner & Ballantine, all of New York City (Arthur A. Ballantine and Philip E. Gregg, both of New York City, of counsel), for appellant.

George Zolotar, of New York City, and Roger S. Foster, Sol., of Philadelphia, Pa. (Ezra Weiss, of Indianapolis, Ind., and Richard V. Bandler, of New York City, of counsel), for Securities and Exchange Commission.

Paul E. Kern, of New York City, for Rothkopf.

Armstrong & Keith, of New York City (Lorenzo D. Armstrong, of New York City, of counsel), for West Indies Sugar Corporation.

Isadore Glauberman, of New York City, for Independent Protective Committee for Holders of Warner Sugar Corporation First and Refunding Mortgage Bonds.

Howie & Robertson, of New York City (William O. Robertson, of New York City, of counsel), for Francis J. Quillinan, as trustee.

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


L. HAND, Circuit Judge.

This appeal involves only the meaning of a contract between the appellant, Lowry & Company, Ltd., and the surviving trustee in reorganization, Quillinan, of the debtor, Warner Sugar Corporation. The controversy arose as follows. Three creditors filed a petition against the debtor under Chapter X of the Bankruptcy Act, which the judge approved in July, 1940, and appointed two trustees — Quillinan and another who has died. The debtor...

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