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SPITZ v. FOX METROPOLITAN PLAYHOUSES

3 F.Supp. 606 (1933)

SPITZ v. FOX METROPOLITAN PLAYHOUSES, Inc. CENTRAL HANOVER BANK & TRUST CO. et al. v. FOX METROPOLITAN PLAYHOUSES, Inc., et al.

District Court, S. D. New York.

April 17, 1933.

Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, of New York City, for Central Hanover Bank & Trust Co.

Jackson, Fuller, Nash & Brophy, of New York City, for Henry Spitz.

Telsey & Young, of New York City, for Randforce Amusement Corporation.

Beekman, Bogue & Clark, of New York City, for Fox Metropolitan Playhouses, Inc.

Thomas & Friedman, of New York City, for Stanley-Mark Strand Corporation.

Nathan Burkan, of New York City, for Namievilla Holding Co., Inc., and Lelesjo Holding Co., Inc.

Dawes, Abbott & Littlefield, of New York City, for receivers.

CAFFEY, District Judge.

The receiver, as was prudent, if not, indeed, an absolute duty, in view of the condition of the court decisions pertinent for consideration on the subject, has asked that a claim filed by the mortgage trustees for approximately $800,000 of notes and debentures (hereinafter called notes), issued by the defendant and outstanding in the hands of the public, be expunged. The holders of these notes have filed no claims. Under the court order excluding...

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