U.S. Circuit Court for the District of Southern New York, 1909

Guaranty Trust Co. of New York v. Metropolitan St. Ry. Co.

Guaranty Trust Co. of New York v. Metropolitan St. Ry. Co.
U.S. Circuit Court for the District of Southern New York · Decided May 24, 1909 · Lacombe
170 F. 626; 1909 U.S. App. LEXIS 5542
Guaranty Trust Co. of New York v. Metropolitan St. Ry. Co.

Opinion of the Court

LACOMBE, Circuit Judge.*

Although the decree of foreclosure and sale in this suit was entered March 18th, the mortgagee has so delayed the prosecution of the appeal that the last day on which motion could be made for a hearing at the present session of the Circuit Court of Appeals has passed without bringing the case to the attention of that court. The appeal, therefore, cannot be heard before the next term which opens October 11th. Under these circumstances, sale could not be had before November 13th.

The special master will take the necessary steps to adjourn it accordingly.

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