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IN RE GREEN

No. 287.

11 F.2d 676 (1926)

In re GREEN et al. Petition of MULLER.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.

Attorney(s) appearing for the Case

Joseph Dannenberg, of New York City (Francis L. Kohlman and Sydney Krause, both of New York City, of counsel), for appellant.

Robert P. Levis, of New York City (Walter D. Wile, of New York City, of counsel), for trustee.

Max E. Sanders, of New York City (Walter D. Wile, of New York City, of counsel), for reclaimants.

Before HOUGH, MANTON, and HAND, Circuit Judges.

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

As Muller did not swear that he had not read the printed matter on the confirmation slips, and as he had not given any directions contrary to them, we think that Heaphy v. Kerr, 190 App. Div. 810, 180 N.Y.S. 542, affirmed 232 N.Y. 526, 134 N. E. 557, does not apply. Indeed, we do not understand that he claims that the bankrupts' pledge of the collateral was originally a conversion. But it is said that their failure...

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