IN RE B. W. SCOTT BOOK & ART STORE

No. 20774.

12 F.Supp. 18 (1935)

In re B. W. SCOTT BOOK & ART STORE, Inc.

District Court, W. D. New York.

September 9, 1935.


Attorney(s) appearing for the Case

George F. Ditmars, of Geneva, N. Y., in pro. per.

William S. Moore, of Geneva, N. Y., for execution creditors.


KNIGHT, District Judge.

After rehearing, the referee has found that the levies in question were perfunctory and for the purpose of being used as a security and so became dormant. As to the executions of Baid's, Inc., and Mabie-Todd Company, it is found that no revival of the lien of execution has been proved. This finding fails to give due consideration to the testimony of the attorney for the creditors that his instructions to the sheriff to use his own judgment...

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