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IN RE CAPLAN

No. 289.

149 F.2d 731 (1945)

In re CAPLAN.

Circuit Court of Appeals, Second Circuit.

June 6, 1945.

Attorney(s) appearing for the Case

Philip I. Delfin, of New York City, for bankrupt-appellee.

N. William Welling, of New York City, for Schieffelin & Co.

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

CHASE, Circuit Judge.

While the bankrupt was operating a drug store in 1930, he made a general assignment under the law of New York for the benefit of his creditors. He turned his books of account and financial records over to his assignee without doing anything to make sure that they would be preserved or returned to him. They have disappeared and none of them have been, or can be, found.

Since he made the assignment just mentioned, the bankrupt has been...

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