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LOWENSTEIN v. REIKES

54 F.2d 481 (1931)

LOWENSTEIN v. REIKES et al. SAME v. I. N. PLATT & CO., Inc.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.

Attorney(s) appearing for the Case

Kommel & Zucker, of New York City, for appellant Annie Reikes.

J. Irwin Shapiro, of New York City (David W. Kahn, of New York City, of counsel), for appellant I. N. Platt & Co., Inc.

Jacob M. Zinaman, of New York City, for plaintiff-appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Motions are made in the above suits to dismiss the appeals because they were not filed within 30 days' time as specified in section 24c of the Bankruptcy Act (11 US CA § 47 (c). If the time is not controlled by section 24c, then 28 USCA section 230 is applicable which allows three months in which to appeal.

In Lowenstein v. Reikes, the trustee sued in the District Court in a plenary action to set aside fraudulent and preferential...

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