IN RE JOHN G. GASTEIGER & CO.

No. 760.

25 F.2d 642 (1928)

In re JOHN G. GASTEIGER & CO., Inc. Ex parte FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Second Circuit.

April 9, 1928.


Attorney(s) appearing for the Case

Frederick Behr, of New York City, for appellant.

Harry H. Schutte, of Brooklyn, N. Y., for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


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

When the amendment of 1926 was passed the time had long expired within which claims could be filed in this estate. The divisor for dividends had been therefore finally fixed, except in so far as any claims were in process of liquidation, of which, so far as appears, there were none. True, the assets may not have been fully collected, but that was irrelevant; the creditor's rights had been settled in accordance...

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