IN RE BRONX ICE CREAM CO.

No. 444.

66 F.2d 620 (1933)

In re BRONX ICE CREAM CO., Inc. RUBEL CORPORATION et al. v. IRVING TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

August 4, 1933.


Attorney(s) appearing for the Case

Samuel C. Duberstein, of Brooklyn, N. Y. (Samuel C. Duberstein, Herman G. Robbins, Max Schwartz, and Aaron D. Duberstein, all of Brooklyn, N. Y., of counsel), for appellants.

Ward & Palzer, of New York City (Murray C. Bernays, George G. Ernst, Nathaniel J. Palzer, and Michael S. Gleason, all of New York City, of counsel), for appellee Irving Trust Co. as trustee.

Morris Pottish, of New York City, for appellee Robert Rubin.

Henry Ward Beer, I. Maurice Wormser, and Nathan Burkan, all of New York City, Samuel C. Duberstein and Charles H. Hyde, both of Brooklyn, N. Y., and Samuel Leavitt, Hugh Gordon Miller, and Henry Weinberger, all of New York City, Committee of the New York County Lawyers' Association to consider the matter of receiverships, amici curiæ.

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


AUGUSTUS N. HAND, Circuit Judge.

The Bronx Ice Cream Company was adjudicated a bankrupt and its assets, aside from a claim to set aside an alleged unlawful preference in favor of a creditor named Rubin, were nominal.

On November 10, 1932, a meeting of the creditors was held for the election of a trustee. At an adjourned meeting on November 15th, the referee declared Sanford S. Levy elected.

About three months before the bankruptcy, the bankrupt executed...

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