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SAPER v. VIVIANI

No. 129, Docket 23776.

226 F.2d 608 (1955)

Lewis H. SAPER, as Trustee in Bankruptcy of the Estate of John Viviane & Son, Inc., Bankrupt, Petitioner-Appellant, v. Barbara VIVIANI, Nathan L. Goldstein, Joseph Z. Goldstein, and the Comptroller of the City of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided October 31, 1955.

Attorney(s) appearing for the Case

I. Arnold Ross, New York City, for petitioner-appellant.

James R. Curreri, New York City, for respondent-appellee Barbara Viviani.

Nathan L. Goldstein and Joseph Z. Goldstein, New York City (Jacob L. Fischer, New York City, of counsel), respondents-appellees pro se.

David Roemer, Deputy Asst. Corp. Counsel, and Peter Campbell Brown, Corp. Counsel, New York City, for respondent-appellee Comptroller of the City of New York.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

On March 20, 1936, John Viviane & Son, Inc., also known as John Viviani & Son, Inc., filed its voluntary petition in bankruptcy and schedules, and paid the required filing fee. It was thereupon duly adjudicated bankrupt and the matter was referred to Referee in Bankruptcy Stephenson. Since neither bankrupt nor any of its creditors came forward with the indemnity necessary for the expenses of the proceeding, the referee on December 3, 1936...

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