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SAPER v. LONG

131 F.Supp. 795 (1955)

Lewis W. SAPER, as Trustee in Bankruptcy of the Estate of Riverside Iron and Steel Corporation, Bankrupt, Plaintiff, v. W. Lunsford LONG and Hewitt S. West, Defendants.

United States District Court S. D. New York.

April 1, 1955.

Attorney(s) appearing for the Case

I. Arnold Ross, New York City, for Saper.

Shearman & Sterling & Wright, New York City, for petitioners (defendants), MacIlburne Van Voorhies, William A. Rusher, John A. Wilson, New York City, of counsel.

RYAN, District Judge.

Defendants move for leave to serve an amended answer pleading an additional defense that plaintiff is without legal capacity to sue because the court of Bankruptcy in which he was appointed Trustee was without jurisdiction to entertain the bankrupt's voluntary petition or to administer the bankrupt estate. Defendants, with the pleadings so amended, also move for summary judgment.

It appears of record that on March 15, 1951, Riverside...

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