KURTZ v. AM. EXP. INDUS., INC.


49 A.D.2d 557 (1975)

Victor Kurtz et al., Appellants, v. American Export Industries, Inc., Respondent, et al., Defendant

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

July 10, 1975


A reading of the subject debenture and the basic indenture indicates it to be in complete compliance with section 8-202 of the Uniform Commercial Code: the terms of the indenture are clearly referred to on the face of the debenture and there is no conflict between the two documents. The senior debentures to which those in suit are subordinate are undeniably in default and payment under the junior debentures need not be made in this circumstance. Thus, the plaintiffs' papers...

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