Escher

Escher v. Harrison Securities Co.

Good Law
79 F.2d 777·1935 U.S. App. LEXIS 4265
United States Court of Appeals for the Ninth CircuitOctober 15, 1935No. 7236California5,810 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from an order denying appellant’s petition as intervening lessor for an order (1) terminating the receivership in the suit instituted by the plaintiff, Myrtle R. Escher, respecting the lessor’s Pershing Square building and property in the city of Los Angeles, and (2) allowing appellant to enforce its rights as such lessor arising from admitted long-standing defaults in the lease legally warranting repossession.

Appellant, Spinks Realty Company, in-, tervener, is lessor of the ground and improvements thereon known as the Pershing Square building situated at the northeast corner of Fifth and Hill streets in the city of Los Angeles. Appellee, plaintiff Myrtle R. Escher, is an unsecured creditor of defendant. Appellee, defendant Harrison Se *778 curities Company, is lessee of the property above mentioned. Appellee Ernest Roberts, defendant in intervention, is trustee under a certain indenture securing a bonded indebtedness of Fifth and Hill Building Company through means of which bonded indebtedness said improvements were constructed. Appellee Henry E. Rivers is receiver of defendant appointed by the court below in the suit instituted by the plaintiff.

The…

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