Equitable Trust Co. v. Green Star S. S. Corp.
District Court, S.D. New York
1Opinion of the Court
LEARNED HAND, District Judge.
It is indeed strange that nothing should be found in the books nearer to this case than Brown v. Penn. R. R. Co. (C. C. A. 3d) 250 Fed. 513, 162 C. C. A. 529. There must have been many cases of sinking funds for issues which fall due in installments—not an uncommon kind of security—and some of these must have come to default. One would suppose that the terms of such mortgages would have invited some such contention as the petitioner here makes. Nevertheless, since counsel have been unable to find any, I must assume that the case is one of first impression outside…
2Cases cited4 opinions
- Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
- Rogers Locomotive & MacHine Works v. KelleyNew York Court of Appeals · 1882
- Brown v. Pennsylvania R.Court of Appeals for the Third Circuit · 1918
- Holland Trust Co. v. . SutherlandNew York Court of Appeals · 1904
3Cited by11 opinions
- Warder v. BradyCourt of Appeals for the Fourth Circuit · 1940
- First National Bank v. StretcherOregon Supreme Court · 1942
- In re the Estate of GottschalkNew York Surrogate's Court · 1938
- City of Waterville v. Kennebec Water DistrictSupreme Judicial Court of Maine · 1942
- Armada State Bank v. Union Guardian Trust Co.Michigan Supreme Court · 1933
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