IN RE HEROLD RADIO & ELECTRONICS CORP.


218 F.Supp. 284 (1963)

In the Matter of HEROLD RADIO & ELECTRONICS CORP., Bankrupt.

United States District Court S. D. New York.

May 6, 1963.


Attorney(s) appearing for the Case

Krause, Hirsch, Gross & Heilpern, New York City, for Petitioner Boothe Leasing Corp.

Levy, Levy & Ruback, and Leinwand, Grossman & Maron, New York City, for trustee; Sydney Basil Levy, New York City, of counsel.


McLEAN, District Judge.

The Referee correctly held that the question at issue is to be determined by the law of New York, where the property is located. The provision in the contract that the contract shall be construed in accordance with California law, although effective as between the parties to the contract, does not bind the Trustee. Maguire v. Gorbaty Bros., 133 F.2d 675 (2d Cir. 1943)

On the merits, I reach the same...

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