UNITED STATES v. SANTA INEZ CO.

No. 10499.

145 F.2d 667 (1944)

UNITED STATES v. SANTA INEZ CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 2, 1945.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Samuel H. Levy, Irving I. Axelrad and Bernard Chertcoff, Sp. Assts. to Atty. Gen., Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellant.

Willard L. Ellis, of San Francisco, Cal., for appellee.

Before WILBUR and MATHEWS, Circuit Judges, and McCORMICK, District Judge.


MATHEWS, Circuit Judge.

On April 15, 1933, Whitney Estate Company, a corporation, hereafter called Whitney, had outstanding $1,175,000 of bonds secured by a first mortgage on real property owned by Whitney. The mortgage was in favor of American Trust Company, as trustee. Some of the bonds matured on April 15, 1933. On that date Whitney defaulted in the payment of the principal amount of those bonds and in the payment of interest on all the bonds. The default was never...

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