FREEHILL v. GREENFELD

No. 234, Docket 22649.

204 F.2d 907 (1953)

FREEHILL v. GREENFELD.

United States Court of Appeals Second Circuit.

Decided May 29, 1953.


Attorney(s) appearing for the Case

James J. Geraghty, James Freehill, New York City, for appellant.

Edward V. Loughlin, New York City, for appellee.

Aaron Levy, Roger S. Foster, General Counsel, Washington, D. C., George Zolotar, Special Counsel, New York City, David Ferber, Special Counsel, Securities and Exchange Commission, Washington, D. C., amici curiae.

Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy directing Freehill, the trustee in reorganization of the debtor, Toy Pop Corporation, under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., to return to the defendant, Greenfeld, a deposit of $2500 which Greenfeld paid upon the execution of a contract between him and Freehill for the sale of the debtor's assets. The judge held that Greenfeld was released from the contract because...

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