IN RE MILLER


21 F.Supp. 644 (1937)

In re MILLER.

District Court, S. D. New York.

December 13, 1937.


Attorney(s) appearing for the Case

Harry Loeb Mostow, of New York City, for trustee.

Michael E. Rosenstein, of New York City, for petitioners Helen Carey, Kate Ford, and Mrs. Wm. Ford.

Abraham Grenthal, of New York City, for petitioners Albert J. Devlin, and Edward J. Devlin, Jr.


MANDELBAUM, District Judge.

The referee in bankruptcy has disallowed and expunged the claims of Helen Carey, Katherine Ford, Mrs. William Ford, Edward J. Devlin, Jr., and Albert Devlin. Each of the foregoing claimants have petitioned this court for a review of the referee's ruling on their respective claims.

First, the right of the trustee in bankruptcy to attack these claims on the ground of usury is seriously questioned. It is maintained that he cannot plead...

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