FRAZIER v. FOREIGN BONDHOLDERS PROTECTIVE COUNCIL


283 A.D. 44 (1953)

Laurence Frazier et al., Respondents, v. Foreign Bondholders Protective Council, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 24, 1953.


Attorney(s) appearing for the Case

James E. Nickerson of counsel (Wade Hampton with him on the brief; Root, Ballantine, Harlan, Bushby & Palmer, attorneys), for Foreign Bondholders Protective Council, Inc., appellant.

Hancock Griffin, Jr., of counsel (Frank H. Heiss with him on the brief; Kelley, Drye, Newhall & Maginnes, attorneys), for Hanover Bank, appellant.

Copal Mintz for respondents.

COHN, J. P., BREITEL, BASTOW and BERGAN, JJ., concur.


BOTEIN, J.

The plaintiffs were owners of certain bonds issued by the Republic of Peru in 1927, which had been in default in the payment of interest since June 1, 1932. In 1947, Peru, through its agent, the defendant bank, offered new bonds, to be issued in exchange for the original bonds upon a waiver of all unpaid interest. The 1947 offer provided that if any of the "nonassenting bonds should ever be accorded...

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