Kelby v. Manufacturers Trust Co.
Court of Appeals for the Second Circuit
1Opinion of the Court
CLARK, Circuit Judge.
This appeal presents two quite distinct questions. The first, raised by Kelby as trustee of the bankrupt New York Investors, *351Inc., is whether she may recover by way of subrogation for her estate a part of certain payments made to bondholders of the debtor, Realty Associates Securities Corporation, on the guaranty of such bonds b)r the bankrupt. The second, raised by the debtor and its sole stockholder, Consolidated Realty Corporation, is whether it or the fund in dispute should bear the expenses of a proceeding before a special master to determine the issue arising upon…
2Cases cited14 opinions
- American Surety Co. v. Bethlehem National BankSupreme Court of the United States · 1941
- Realty Associates Securities Corp. v. O'ConnorSupreme Court of the United States · 1935
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Scherk v. NewtonCourt of Appeals for the Tenth Circuit · 1945
- In Re Nine North Church Street, Inc.Court of Appeals for the Second Circuit · 1936
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3Cited by6 opinions
- In Re Realty Associates Securities CorporationCourt of Appeals for the Second Circuit · 1947
- First National City Bank v. KlineDistrict Court, S.D. New York · 1977
- Newman & Bisco v. Realty Associates Securities Corp.Court of Appeals for the Second Circuit · 1949
- In Re Realty Associates Securities CorporationCourt of Appeals for the Second Circuit · 1947
- In re BrownDistrict Court, N.D. New York · 1930
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