Chase Nat. Bank v. 235 West 46th Street Co.

MANTON, Circuit Judge.

Proceedings for reorganization were brought by the 235 West 46th Street Company, Inc., a corporation, as a debtor, under section 77B of the Bankruptcy Act (48 Stat. 911), 11 USCA § 267, after mortgage foreclosure had been commenced by the first mortgagee, on property known as the Paramount Hotel, New York City. A receiver of the rents, issues, and profits, pursuant to the terms of the mortgage now in foreclosure, was appointed by the state court. When the debtor applied for the appointment of the trustee, appointed by the court below, the appellant opposed the…