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CORN EXCHANGE BANK TRUST CO. v. EMPIRE TRUST CO.

No. 226, Docket 22580.

206 F.2d 30 (1953)

CORN EXCHANGE BANK TRUST CO. et al. v. EMPIRE TRUST CO. et al.

United States Court of Appeals Second Circuit.

Decided July 20, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Atty. Gen. of New York, for appellant People of State of New York; Wendell P. Brown, Sol. Gen., Albany, N. Y., and Daniel M. Cohen, Asst. Atty. Gen., of counsel.

Olin, Murphy & Redmond, New York City, for appellant Empire Trust Co.; William G. Murphy, New York City, of counsel.

Bernard Cowen, New York City, for appellees; A. Frank Cowen, New York City, of counsel.

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

SWAN, Circuit Judge.

Interborough Consolidated Corporation was adjudicated bankrupt in March 1919 and its trustee in bankruptcy was discharged in April 1927. Pursuant to 28 U. S.C.A. § 2042, the present proceeding was initiated in 1950 by Corn Exchange Bank Trust Co., a creditor whose claim had been allowed, to reach unpaid dividends in the amount of $1216.75, which had been deposited in the Treasury of the United States pursuant to 28 U.S.C.A. § 2041. Later...

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