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CHASE NAT. BANK OF CITY OF NEW YORK v. LYFORD

No. 168.

147 F.2d 273 (1945)

CHASE NAT. BANK OF CITY OF NEW YORK v. LYFORD et al.

Circuit Court of Appeals, Second Circuit.

January 23, 1945.

Attorney(s) appearing for the Case

Milbank, Tweed & Hope, of New York City (A. Donald MacKinnon, of New York City, of counsel), for Chase Nat. Bank.

Elbert N. Oakes, of New York City, for Frederick E. Lyford.

Flynt & Sully, of New York City (Wilberforce Sully, Jr., of New York City, of counsel), for Westmoreland Coal Co.

Before SIMONS, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The bank contends that, under section 23 of the Bankruptcy Act, 11 U.S. C.A. § 46, no summary proceedings as to the bank balance can be brought against the bank over its objection, because it is, in that respect, an adverse claimant. That contention (which of course relates not to "jurisdiction" but to venue) we consider untenable.1

In Alexander v. Hillman...

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