IN RE DAWSON BROTHERS CONSTRUCTION CO.

No. 42066.

218 F.Supp. 411 (1963)

In the Matter of DAWSON BROTHERS CONSTRUCTION CO. Inc., Bankrupt.

United States District Court N. D. New York.

June 11, 1963.


Attorney(s) appearing for the Case

Smith & Sovik, Syracuse, N. Y., for trustee.

Bond, Schoeneck & King, Syracuse, N. Y., for creditor.


BRENNAN, District Judge.

May the holder of installment notes given by a corporation in payment for the purchase of its own stock enforce the obligation at a time when the corporation has no surplus from which payment may be made is the broadly stated problem involved here.

Bernard M. Dawson, a creditor of the above named bankrupt, seeks to review the order of the Referee in Bankruptcy, dated December 12, 1962,...

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