In re Indiana Flooring Co.
District Court, S.D. New York
1Opinion of the Court
BONDY, District Judge.
The indenture contains the following among other provisions, all of which the trustees strenuously contend gave them the right to file proof of claim against the bankrupt on behalf of all bondholders:
In ease of any default specified in the indenture, the trustee in its discretion, and upon request in writing by the holders of a majority in amount of the bonds, shall declare the principal of all the bonds to be forthwith due and payable. Article IV, § 2.
In ease of any such default and its continuance for the period specified, the trustee may proceed to protect and enforce…
2Cases cited3 opinions
- Mackay v. Randolph Macon Coal Co.Court of Appeals for the Eighth Circuit · 1910
- Fitkin v. Century Oil Co.Court of Appeals for the Second Circuit · 1926
- In re United States Leatheroid & Rubber Co.District Court, D. Massachusetts · 1923
3Cited by4 opinions
- In Re International Match CorporationDistrict Court, S.D. New York · 1932
- In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
- Spitz v. Fox Metropolitan Playhouses, Inc.District Court, S.D. New York · 1933
- Guaranty Trust Co. v. De Forest Realty Corp.Court of Appeals for the Second Circuit · 1934