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IN RE GUBELMAN

No. 155.

13 F.2d 732 (1926)

In re GUBELMAN et al. Ex parte FIRST NAT. BANK OF TRINIDAD.

Circuit Court of Appeals, Second Circuit.

July 6, 1926.

Attorney(s) appearing for the Case

O'Brien, Boardman, Parker & Fox, of New York City (William D. Manice, Allen R. Memhard, and George Trosk, all of New York City, of counsel), for petitioner appellant.

Rosenberg & Ball, of New York City (Godfrey Goldmark, George G. Ernst, and Ralph F. Colin, all of New York City, of counsel), for appellee trustee.

Claude Dore, of Brooklyn, N. Y. (Logan Hay, of Springfield, Ill., and Sidney Wetmore Davidson, of New York City, of counsel), amici curiæ, for parties similarly interested.

Before ROGERS, MANTON, and HAND, Circuit Judges.

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

It does not seem necessary to us to decide whether the bankrupts remained liable upon the draft after they had posted the advice to the drawee and the drawee had made the necessary entries on its books. Even if they did so remain, they could so finally and completely devote a part of their balance with the drawee to the payment of the draft as to create themselves constructive trustees pro tanto for the benefit...

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