IN RE MODELL

No. 392.

71 F.2d 148 (1934)

In re MODELL et al. KLAR v. BACHRACH.

Circuit Court of Appeals, Second Circuit.

June 4, 1934.


Attorney(s) appearing for the Case

A. Arthur Klar, of New York City, for appellant.

Irving Levinson, of New York City, for appellee.

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


SWAN, Circuit Judge.

Julius Modell and his wife were adjudicated bankrupt individually and as partners trading as J. Modell & Co. upon an involuntary petition filed in June, 1932. Shortly prior thereto a judgment was entered in favor of Julius Modell as plaintiff in an action for malicious prosecution, and subsequently the appellee as trustee in bankruptcy collected some $4,600 upon this judgment. Samuel Klar, the appellant, claims to be entitled to the moneys...

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