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IN RE PEARLMAN

No. 82.

16 F.2d 20 (1926)

In re PEARLMAN.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

Arthur Leonard Ross, of New York City, for petitioner.

Israel Akselrod, of New York City, for respondent.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We have ignored the absence of any proper return to the District Court, the practice being so loose, and have examined the record as best we can. It is destitute of any proof that at the time of adjudication, and a fortiori at the time when the petition was filed, the policies had a surrender value. The time of filing the petition determines the trustee's right (Burlingham v. Crouse, 228 U.S. 459...

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