BROWNSTEIN v. ALUMINUM RESERVE CORP.

No. 301, Docket 24450.

245 F.2d 82 (1957)

Benjamin BROWNSTEIN, Successor Trustee-Appellant, v. ALUMINUM RESERVE CORP. et al., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided May 27, 1957.


Attorney(s) appearing for the Case

Nathan B. Fogelson, New York City, for successor trustee-appellant.

Samuel J. Nachwalter, New York City, for respondents-appellees.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.


LUMBARD, Circuit Judge.

This is an appeal from Judge McGohey's affirmance of a bankruptcy referee's refusal to adjudge "null and void" payments totalling $13,000 made by the debtor of the bankrupt. The checks in payment were drawn to the order of the trustee's attorney and to his law firm and the attorney misappropriated the funds.

Charles T. Nager, the bankrupt's first trustee, commenced an action on behalf of the bankrupt against Aluminum Reserve Corp. Nager...

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