CENTRAL HANOVER BANK & TRUST CO. v. KELBY

No. 153.

133 F.2d 873 (1943)

CENTRAL HANOVER BANK & TRUST CO. v. KELBY.

Circuit Court of Appeals, Second Circuit.

January 29, 1943.


Attorney(s) appearing for the Case

Francis S. Bensel, of New York City (Larkin, Rathbone & Perry, Henry E. Kelley, and W. Frederick Knecht, all of New York City, on the brief), for petitioner-appellant.

Clinton J. Ruch, of New York City (Frueauff, Burns & Ruch and Ross W. Lynn, all of New York City, on the brief), for respondent-appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

The petitioner herein, acting as trustee of certain guaranteed bonds, having had allowed its claim against the bankrupt, New York Investors, Inc., upon the latter's guaranty of the bonds, sought a declaration from the bankruptcy court as to the ultimate beneficiaries to receive the dividends paid or to be paid on the claim. The referee considered this to be an issue entirely collateral to the bankruptcy, and ruled that he had no jurisdiction...

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