IN RE LEAVY

No. 415.

85 F.2d 25 (1936)

In re LEAVY et al. CITY OF NEW YORK v. JERSAWIT.

Circuit Court of Appeals, Second Circuit.

July 13, 1936.


Attorney(s) appearing for the Case

Paul Windels, Corp. Counsel, of New York City (Paxton Blair, Meyer Bernstein, and Sol Charles Levine, all of New York City, of counsel), for claimant-appellant.

Samuel Sturtz, of New York City, for trustee-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

The trustee in bankruptcy of Service Hardware Company sold at public auction through the United States auctioneer stock and fixtures of the bankrupts and received $2,643.56 from the purchasers. The city of New York demanded payment from the trustee of $52.87, being 2 per cent. of the amount he received out of the auction sale and in addition $8.70 as a penalty and interest. This claim having been presented to the bankruptcy court was...

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