IN RE SCHWARTZ

No. 135.

4 F.2d 895 (1925)

In re SCHWARTZ et al. Petition of COHEN.

Circuit Court of Appeals, Second Circuit.

January 19, 1925.


Attorney(s) appearing for the Case

David Haar, of New York City, for petitioner.

Abraham N. Davis, of New York City, for Wechsler.

Before ROGERS, HOUGH, and HAND, Circuit Judges.


PER CURIAM.

We feel assured that the order complained of was erroneous. We pass by the point that the motion was directed only against Mr. Cohen, as trustee, while the order affected injuriously Mr. Cohen individually, and we pass to the really important question as to whether, under the circumstances above shown, the court had any power or authority to enter a summary judgment against Mr. Cohen and award execution against his own proper goods.

Mr....

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