The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,023
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STROMBERG MOTOR DEVICES CO. v. ARNSON et al. (Circuit Court of
Appeals, Second Circuit. April 10, 191.) No. 181. Appeal from the District
Court of the United States for the Southern District of New York. Suit by
the Stromberg Motor I)evices Company against Ludwig Arnson and Alfred
Michaels, as copartners, etc. From a decree for defendants, complainants
appeal. Affirmed. See, also, 239 Fed. F91, 153 C. C. A. 19. William Houston
Kenyon, of New York City, and E. A. Brown, of Chicago, Ill. (Seward Davis,
of New York City, of counsel), for appellant. Frederick Zorn, of New York
City (Joseph Kahn, of New York City, of counsel), for appellees. Before
WARD, ROGERS, and BOUGH, Circuit Judges.
PER CUltIAM. Decree affirmed.
In re Ml. & H. GORDON. (District Court, S. D. New York. December,
1917.) In Bankruptcy. In the matter of M. & H. Gordon, bankrupts. On
motion for confirmation of composition. Granted. For prior opinion, sed
245 Fed. 905.
MAYER, District Judge. On the return of this proceeding from the special
master, an entirely different situation is presented from that which was the
subject-matter of my previous opinion. It is conceded by all counsel that the
conclusion arrived at on the previous record was inevitable. Now, how-
ever, I am entirely satisfied that the payment of the bills of the accountant
and detective incurred by Mr. Myers on behalf of his client, Gera Mills, is
not to come, and was not intended to come, from the bankrupt. One of the
purposes of the composition was to save, if possible, a small sum for the
widow of one of the deceased bankrupts. In view of my former opinion in
the matter, it is but just to Mr. Myers to state that I am pleased that the
facts as now clearly presented fully refute any purpose either to violate the
letter or spirit of the statute or to indulge in any unethical conduct. In view
of the pending foreclosures and the situation generally, I think the composi-
tion, if modified as indicated by me on the argument, would be in the best
interests of the creditors. I see no reason to doubt that the so-called family
claims are other than legitimate. Further controversy would unduly prolong
the disposition of this estate, and at most might result in a very slight in-
crease for the creditors. On the other hand, the probability of decrease is
so much greater than that of increase that in the circumstances I think it best
to confirm the composition. I am very glad, however, that counsel for the
objecting creditor brought up the whole subject, because the discussion and
the resultant conclusions may (and I hope will) be of service in connection
with compositions. The order may be settled on notice for any day after
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1038/: accessed September 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.