In re East Stroudsburg Glass Co.
District Court, M.D. Pennsylvania
In Bankruptcy. In the matter of the East Stroudsburg Glass Company. The trustee petitioned the court to restrain the sale of certain of the bankrupt’s property by the Security Trust Company, as trustee for bondholders secured by a mortgage, on the ground that it was not bound by the lien of the mortgage. The court permitted a sale of all the property, directing that the proceeds should be kept separate. On rule to show cause why restraining order should not be made permanent.
1Opinion of the Court
WITMER, District Judge.
[1] The Security Trust Company, of Stroudsburg, Pa., as trustee for the bondholders of a certain mortgage aggregating $50,000, upon their judgment, through scire facias sur mortgage, obtained from the court of common pleas of Monroe county a writ of levari facias, upon which the sheriff levied and advertised for sale, in the language of the conditions of the mortgage:
“All buildings, machinery, plant, tools, equipment, and franchises which are necessary, useful, or convenient, for use, maintenance, or operation of its business, and also all renewals, replacements,…
2Cases cited5 opinions
- Morris's AppealSupreme Court of Pennsylvania · 1879
- Ege v. KilleSupreme Court of Pennsylvania · 1877
- Roberts v. Dauphin Deposite BankSupreme Court of Pennsylvania · 1852
- Muehling v. MuehlingSupreme Court of Pennsylvania · 1897
- Sampson v. GrahamSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- In re Erie Lithograph Co.District Court, W.D. Pennsylvania · 1919
- McConnell v. Chelton Trust Co.Court of Appeals for the Third Circuit · 1922