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IN RE MILLER

No. 216.

105 F.2d 926 (1939)

In re MILLER. UNITED STATES v. BURKE.

Circuit Court of Appeals, Second Circuit.

July 10, 1939.

Attorney(s) appearing for the Case

Edward J. Ennis, Atty., Dept. of Justice, and Lamar Hardy, U. S. Atty., both of New York City (John T. Cahill, U. S. Atty., and Jerome H. Doran, and John W. Burke, Jr., Asst. U. S. Attys., all of New York City, on the brief), for the United States.

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

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

CLARK, Circuit Judge.

In 1935, Henry Miller borrowed $2,000 of the National City Bank of New York under the Modernization Credit Plan of the National Housing Administration and gave his promissory note to the bank to secure this loan. The bank in 1934 had been insured against losses on such notes by the Federal Housing Administrator to the extent provided by the National Housing Act, § 2 (Act of June 27, 1934, c. 847, 48 Stat. 1246, 12 U.S.C.A. § 1703)....

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