In re General Research Laboratories, Inc.

• Decision Date: 07 January 1925
• Citation: 7 F.2d 512
• Parties: In re GENERAL RESEARCH LABORATORIES, Inc.
• Court: U.S. District Court — Southern District of New York

7 F.2d 512 (1925)

In re GENERAL RESEARCH LABORATORIES, Inc.

District Court, S. D. New York.

January 7, 1925.

Shaine & Weinrib, of New York City, for bankrupt.

Joseph S. Johnston, of New York City, for petitioning creditors and receiver.

James P. Callender, of New York City, for receiver.

Budd & Coffey, of New York City, for petitioning creditor Stern.

Alexander T. Hussey, of New York City, for petitioning creditor Van Bokkelen.

Lesser Brothers, of New York City, for petitioning creditor Rider-Ericson Engine Corporation.

BONDY, District Judge.

Section 3, subd. e, of the Bankruptcy Law (Comp. St. § 9587), provides that, if a petition for the appointment of a receiver is dismissed, the costs, expenses, and damages should be fixed and allowed by the court and paid by the obligors in the bond filed on the application for the appointment of a receiver. The bankruptcy court, therefore, will not order them paid by any one else.

The motion, therefore, is granted, without prejudice, however, to any right which any party to this proceeding may have to enforce contribution at law or in equity.