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KEESING v. SOLOMON

No. 328.

142 F.2d 1005 (1944)

KEESING v. SOLOMON.

Circuit Court of Appeals, Second Circuit.

May 19, 1944.

Attorney(s) appearing for the Case

Isador Goetz, Louis S. Midler, and Jules Jacobs, all of New York City, for appellant.

Benjamin Burrows and Borowsky & Burrows, all of New York City, for appellee.

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

PER CURIAM.

We do not find it necessary to decide whether a trustee in bankruptcy is "an officer of the court" within § 505(4) of the Civil Practice Act of New York. The Appellate Division for the First Department flatly held that he was not in Cowen v. Gruber, 176 App.Div. 905, 162 N.Y.S. 1053, following the reasoning in its earlier decision in General Electric Company v. Sire, 88 App.Div. 498, 85 N.Y.S. 141; and it may be regarded as an open question whether...

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