In re Von Hartz

• Court: U.S. Court of Appeals — Second Circuit
• Citation: In re Von Hartz, 142 F. 726 (2nd Cir. 1905)
• Decision Date: 21 December 1905
• Docket Number: 86.
• Parties: In re VON HARTZ et al.

142 F. 726

In re VON HARTZ et al.

No. 86.

United States Court of Appeals, Second Circuit.

December 21, 1905

James A. Douglas, for appellant.

Seymour K. Fuller, for appellee.

Before LACOMBE, TOWNSEND, and COXE, Circuit Judges.

PER CURIAM.

Inasmuch as both sides concurred, upon the argument, in requesting that, in case it were found that appeal would not lie, the notice of appeal be treated as a petition to review, it will not be necessary to discuss the question whether the proper method to secure a review is by petition or appeal.

On July 13, 1904, Von Hartz and his partner were adjudicated bankrupts in a proceeding in involuntary bankruptcy duly instituted in the United States District Court for the District of New Jersey, which court on August 8, 1904 appointed a trustee in bankruptcy. Upon the petition of the trustee an order to show cause was issued by the district judge of the Southern district of New York, in which no proceeding against the bankrupts were pending, directed to the appellant, and upon the return day thereof, after hearing both sides, an order was entered summarily directing the appellant to turn over to the trustee a policy of life insurance upon the life of Von Hartz and payable at his...