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SAMMET v. MAYER

No. 86.

108 F.2d 337 (1939)

SAMMET v. MAYER. In re WYSER et al.

Circuit Court of Appeals, Second Circuit.

December 18, 1939.

Attorney(s) appearing for the Case

Benjamin Siegel, of New York City (Benjamin Brownstein, of New York City, on the brief), for appellant.

Isadore B. Hurwitz, of New York City (Goldman, Malter & Goldman and Harry Malter, all of New York City, on the brief), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The bankrupts were the sole partners in a brokerage firm known as Wyser & Diner. On October 27, 1937, they borrowed $4,000 from Kurt F. Mayer, the claimant-appellee herein, and gave him their promissory note wherein it was recited that certain specified stocks were collateral security for the note. Mayer was about to depart, and in a short time did depart, on a protracted trip to the Orient. The stock certificates were not placed in the hands...

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