Berwind-White Coal Mining Co. v. Borinquen Sugar Co.
Berwind-White Coal Mining Co. v. Borinquen Sugar Co.
Opinion of the Court
delivered the following opinion:
After the main sale in this case, the court rendered a decree for a deficiency judgment, and, upon application, on December 29, 1914, ordered the sale of property available for the purpose of satisfying this judgment. The master gave notice as directed, and on February 8, 1915, cried off the property en bloc to certain individuals mailing up what is called the reorganization committee of the Borinquen Sugar Company, for the sum of seventy-five thousand dollars ($75,000) and the assumption of preferred claims, bonds, and other encumbrances on the property sold.
The master filed his report on February 9, 1915, and certain exceptions of Ulman et al. were argued after the expiration of the twenty days for exception.
1. The first exception denies the jurisdiction of the court, because the foreclosure sale was not at the instance of the trustee of the bondholders. This exception, if valid at all, 'should have been made by the trustee of the bondholders, who
2. Tbe second exception is that tbe sale of tbe properties-en bloc, including real and personal, prevented competition, making it impossible for any other person than tbe reorganization committee to bid at tbe sale. No evidence whatever is-presented to sustain this exception, which relates to a matter-of fact. Tbe way such points are usually presented is by an affidavit of an expectant bidder, showing that be would have-offered a certain sum for a part of tbe property and was prevented in this case by tbe fact that tbe sale embraced other-property also, which be did not want. Neither this nor any other form of proof is offered. Looking at tbe matter in the-abstract, it is just as possible, if not-more probable, that separating property used in tbe operation of a central would diminish tbe returns as a whole, even if it did increase the-returns on some particular item. Tbe one supposition is at least as likely as tbe other; but as no proof is offered either way, tbe exception must be overruled.
3. Another exception seeks to raise tbe point that tbe mortgage under which tbe exceptors claim to bold bonds covers the property sold, and that therefore they are injured by the-
4. The last exception claims that the purchase by the re■organization committee of the land mentioned in the report violates the joint resolution of Congress, approved May 1, 1900, as to the holding of land by corporations. That resolution is ■on this point as follows: “No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real state except such as may be rea
The point as at present raised is premature. This reorganization committee is in the first place not a corporation, and, in the second place, it will not be assumed by the court that it will handle the property illegally. How far the point can be raised by an individual, or whether it must be raised by the government alone, need not be discussed at this time. In any event, the exception is not well taken.
It follows therefore that an order must be entered overruling the exceptions and confirming the report, and it will be so ordered.
Reference
- Full Case Name
- BERWIND-WHITE COAL MINING COMPANY v. BORINQUEN SUGAR COMPANY
- Status
- Published