PRUDENCE CORP. v. GEIST

No. 757.

316 U.S. 89 (1942)

62 S.Ct. 978

86 L.Ed. 1293

PRUDENCE REALIZATION CORP. v. GEIST, TRUSTEE.

Supreme Court of United States.

Decided April 27, 1942.


Attorney(s) appearing for the Case

Mr. Irving L. Schanzer for petitioner.

Mr. Morris A. Marks, with whom Mr. A. Joseph Geist was on the brief, for respondent.


MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

The question for our decision is whether an insolvent defaulting guarantor of certificates of participation in a mortgage, who is also the owner of a part of the mortgage indebtedness, is entitled to share pro rata in a distribution of the proceeds of the mortgage in a § 77B bankruptcy reorganization.

Prudence Company, petitioner's predecessor, and a wholly owned subsidiary of New York Investors...

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