Lieberman v. Bancroft
Decision Date | 09 February 1934 |
Docket Number | No. 5278.,5278. |
Citation | 69 F.2d 202 |
Parties | LIEBERMAN et al. v. BANCROFT et al. In re NATIONAL DEPARTMENT STORES, Inc. |
Court | U.S. Court of Appeals — Third Circuit |
Frank A. Chalmers, Edward Davis, Lemuel B. Schofield, Illoway & Fischer, Jenkins & Bennett, Horenstein, Feldman & Harvey, and Aarons, Weinstein, Stone & Goldhaber, all of Philadelphia, Pa., for appellants.
Grover C. Ladner, of Philadelphia, Pa., Jacob S. Demov, of New York City, and Reuben Satterthwaite, of Wilmington, Del., for appellees.
Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.
This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania. The pertinent facts are as follows:
On February 6, 1933, a petition in bankruptcy was filed in the District Court of Delaware against National Department Stores, Inc., a Delaware corporation. On February 7 ancillary receivers were appointed for the bankrupt by the District Court for the Eastern District of Pennsylvania. According to the petition of the ancillary receivers, they took possession of two department stores, which, although operated under the name of Frank & Seder, were claimed by the trustees as property of the bankrupt; the appellants alleging, however, that these stores were at the time of the bankruptcy operated by Frank & Seder Company, a Pennsylvania corporation, and not by the bankrupt. On February 10 an involuntary petition in bankruptcy was filed in the Eastern District of Pennsylvania against Frank & Seder Company. The answer filed by that company denied that the petitioners were its creditors. The issue thus raised was undetermined at the time of this appeal. On February 20 a bill in equity was filed in the District Court for the Eastern District of Pennsylvania praying for the appointment of a receiver for Frank & Seder Company. The answer denied that the complainant was a creditor of that company. This issue was referred to a special master and was likewise undetermined at the time of this appeal. On September 6 the trustees of National Department Stores, Inc., petitioned the District Court for the Eastern District of Pennsylvania for an order on the ancillary receivers to turn over the assets of the bankrupt and to file their account. The Harrison Leather Goods Company, in an answer to this petition, alleged that it was a creditor of Frank & Seder Company, and asked that the prayer of the trustees be denied on the ground that the assets in the hands of the ancillary receivers were the property of Frank & Seder Company and not of the bankrupt. On October 2 the District Court for the Eastern District of Pennsylvania entered a decree in which it directed the ancillary receivers to deliver the assets in their possession to the trustees of National Department Stores, Inc., and to file their account. The decree reads as follows:
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