NEW YORK CREDIT MEN'S ASS'N v. MFR'S DISCOUNT CORP.

No. 228.

147 F.2d 885 (1945)

NEW YORK CREDIT MEN'S ASS'N v. MANUFACTURERS DISCOUNT CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 8, 1945.


Attorney(s) appearing for the Case

Hahn & Golin, of New York City (J. Jacob Hahn, of New York City, of counsel), for appellant.

Kupper, Silberfeld, Nathan & Danziger, of New York City (Eli S. Silberfeld, of New York City, of counsel), for appellee.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.


SIMONS, Circuit Judge.

As the case presents itself to us the sole question for decision is whether a controversy between the trustee and the assignee of a corporation, in which the bankrupt was sole stockholder, as to possession and ownership of accounts receivable, may be determined in a summary proceeding in the bankruptcy court. The district judge, upon the facts disclosed, held that it could not be so determined, and the trustee appeals.

The bankrupt is...

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