Real Estate-Land Title & Trust Co. v. Commonwealth Bond Corp.

MANTON, Circuit Judge.

A summary judgment was entered, under the practice of rule 113 of the New York Rules of Civil Practice, and appellant seeks this review. Appellant sold a bond issue secured by a mortgage on an apartment house site in Philadelphia, Pa. The bonds were issued to finance the building construction, but on March 3, 1927, before completion, a receiver in equity was appointed for the owner of the enterprise, a corporation. The appellee loaned money to the receiver, who conducted the business, as follows: In September, 1927, $19,683.48 to pay the 1926 taxes on the mortgaged…