ARIEL REALTY CO. v. COMMISSIONER OF INTERNAL REV.

No. 13.

115 F.2d 659 (1940)

ARIEL REALTY CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

November 12, 1940.


Attorney(s) appearing for the Case

Milton M. Davis, of New York City, for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The petitioner, a New York corporation, sold to the Homelone Realty Corporation in 1928 a parcel of unimproved land in the Bronx, New York City, for $28,500. The purchaser then paid $7,500 in cash and gave the petitioner its bond for the remainder payable December 31, 1931 and secured by a duly recorded mortgage on the land. The maturity date of the bond was later extended to December 31, 1933.

By 1932 the mortgagor was in default in...

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