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IN RE EVERICK ART CORPORATION

No. 223.

39 F.2d 765 (1930)

In re EVERICK ART CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

Samuel J. Rawak, of New York City, for appellants.

Goldstein & Goldstein, of New York City (Jonah J. Goldstein and I. Jesse Canton, both of New York City, of counsel), for appellee.

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

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

The contention of counsel for the bankrupt appears to be that, by listing a creditor with the notation that his claim is disputed, a bankrupt may obtain all the advantages and incur none of the obligations which follow from offering a composition to his creditors; that is, the disputed claim, should it turn out to be good, will be discharged by the confirmation of the composition, but there is no obligation to...

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