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ERIE TRANSFER CO. v. J. CUTLER IRON WORKS

No. 166.

47 F.2d 1078 (1931)

ERIE TRANSFER CO. v. J. CUTLER IRON WORKS, Inc. Ex parte LAND FINANCE CORPORATION. CENTRAL MERCANTILE BANK & TRUST CO. v. STRONGIN.

Circuit Court of Appeals, Second Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Samuel Goldberg, of New York City (Leopold Blumberg, of New York City, of counsel), for appellant.

Toney A. Hardy, of New York City, for intervener-appellee Central Mercantile Bank & Trust Co.

Lewis, Marks & Kanter, of Brooklyn, N. Y. (David Haar, of New York City, of counsel), for receiver-appellee Strongin.

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

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

The appellant contends that the intervener, Central Mercantile Bank & Trust Company, had no standing or right to intervene in this proceeding on behalf of the bankrupt estate of Fain and Klausner. While we do not regard this as an important consideration, for the reason that the intervener has failed to establish any claim and has not appealed, the right of a petitioning creditor to assert claims...

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