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IN RE CARDEN

No. 200.

118 F.2d 677 (1941)

In re CARDEN.

Circuit Court of Appeals, Second Circuit.

March 24, 1941.

Attorney(s) appearing for the Case

Martin W. Kramer, of New York City (Frederick E. Weinberg, of New York City, and Samuel C. Duberstein, of Brooklyn, N. Y., of counsel), for petitioner-appellant.

Louis Boehm and Joesph Levine, both of New York City, for trustee.

Louis Boehm, of New York City, for creditor-appellee Daniel Loeb.

Charles A. Taussig, of New York City, for petitioning creditors-appellees.

Gifford, Woody, Carter & Hays, of New York City (Louis Boehm, Joseph Levine, and Julius Blum, all of New York City, of counsel), for bankrupt-appellee.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On February 18, 1933, an involuntary petition in bankruptcy was filed in the District Court against George A. Carden in which there was the general allegation that he, when insolvent, had committed acts of bankruptcy within four months next preceding the filing of the petition by making preferential transfers. The petition had been signed by the petitioning creditors about a year before it was filed, and after the filing, lay dormant without...

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