Legal Opinion

Frazier v. Foreign Bondholders Protective Council, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 1953PublishedCited by 9 opinions

1Opinion of the CourtBotein, 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 treatment more favorable than that provided for assenting bonds hereunder, the assenting bonds shall be entitled to all the benefits thereof.” Plaintiffs assented to this offer and exchanged…

2Cases cited11 opinions

  1. Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
  2. Underhill v. HernandezSupreme Court of the United States · 1897
  3. American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
  4. Ricaud v. American Metal Co.Supreme Court of the United States · 1918
  5. Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Nelson Bunker Hunt v. Mobil Oil CorporationCourt of Appeals for the Second Circuit · 1977
  2. Occidental Petroleum Corp. v. Buttes Gas & Oil Co.District Court, C.D. California · 1971
  3. Environmental Tectonics Corp. v. W.s. Kirkpatrick & Co.District Court, D. New Jersey · 1987
  4. Occidental of Umm Al Qaywayn, Inc. v. Cities Service Oil Co.District Court, W.D. Louisiana · 1975
  5. South African Airways v. New York State Division of Human RightsNew York Supreme Court · 1970

4 more not listed; retrieve them via the Exa API.

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