Legal Opinion

Ley v. Fred T. Ley & Co.

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

Decided November 15, 1946Published

1Opinion of the CourtCohn, J.

In February, 1936, the defendant corporation commenced a proceeding nr the United States District Court for the Southern District of New York pursuant to section 77B of chapter 8 of the Acts of Congress relating to bankruptcy (U. S. Code of 1934, tit. 11, § 207). In the proceeding, a plan of reorganization was approved by the court on March 20, 1936. The plan provided for the issuance to some creditors of certain notes of defendant to be known as “ 5% Income Notes, Series A ” and “ 5% Income Notes, Series B.”

The plan of reorganization contains the following provision: “ They [the notes] shall…

2Cases cited8 opinions

  1. Mascioni v. I. B. Miller, Inc.New York Court of Appeals · 1933
  2. Lighton v. . City of SyracuseNew York Court of Appeals · 1907
  3. Lyman v. Northern Pac. Elevator Co.U.S. Circuit Court for the District of Minnesota · 1894
  4. Fidelity & Deposit Co. v. AndrewsMichigan Supreme Court · 1928
  5. Knudtsen v. RemmelAppellate Division of the Supreme Court of the State of New York · 1910

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