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UNITED STATES v. FAIRALL

16 F.2d 328 (1926)

UNITED STATES v. FAIRALL et al.

District Court, S. D. New York.

December 6, 1926.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Robert H. Elder, of New York City (Otho S. Bowling, of New York City, of counsel), for defendant Joyce.

HAND, Circuit Judge.

If it is proper to treat the distributed assets of a dissolved corporation as a trust fund for creditors, plainly there can be no need of getting judgment against the corporation as a condition precedent to a suit like this. Where there is a trust, the creditor may follow the res, without more, Case v. Beauregard, 101 U.S. 688, 25 L. Ed. 1004. That was the theory on which Updike v. U. S., 8 F.2d...

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