ROCHESTER ROPES v. SCHERL

No. 324.

121 F.2d 852 (1941)

ROCHESTER ROPES, Inc., v. SCHERL et al.

Circuit Court of Appeals, Second Circuit.

July 10, 1941.


Attorney(s) appearing for the Case

Harry J. Macklis, of Jamaica, N. Y., for appellant.

Allan D. Emil, of New York City (George Kossoy and Sidney O. Raphael, both of New York City, of counsel), for Trustee in Bankruptcy.

Arthur J. Homans, of New York City, for Park Avenue Woodworking Co., Inc., appellee.

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


SWAN, Circuit Judge.

Peerless Elevator Company was adjudicated bankrupt upon an involuntary petition filed on September 14, 1939. Its receiver in bankruptcy passed on to the trustee a fund of $2,045 paid into court by Beechwood Construction Company as the balance due under a contract with the bankrupt for the installation of two elevators. To this fund several claimants asserted rights under assignments from the bankrupt. Earliest in date of execution was an assignment...

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