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Cohn v. Moskowitz

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT


September 28, 1932

COHN
v.
MOSKOWITZ ET AL.

On Motion to Dismiss Appeal.

On the motion to dismiss the appeal, the appellees contend that the receiver has no power to appeal to this court from a decree of the District Court directing him to return deposits of funds of third persons, such funds having been deposited to effect a composition of a bankrupt's estate. It seems on authority and principle that the receiver has a right to appeal in this case. Bosworth v. Terminal R. Ass'n (C.C.A.) 80 F. 969, 972; Clark, Receivers, ยง 605. All who have claims against the estate are interested in this suit. It is true by the conclusion of the District Court and of this court, that the deposited funds were never part of the assets of the estate and that the estate never had a claim against them. But the question at issue was whether or not the estate did have an interest in such funds. As it was said in Bosworth v. Terminal R. Ass'n, supra: "He [the receiver] has the right of appeal with respect to any claim asserted by or against the estate, for therein he is the representative of the entire estate. He has the right of appeal from any decree which affects his personal right, for therein he had an interest. But he has not the right of appeal from a decree declaring the respective equities of parties to the suit."

The motion to dismiss the appeal is denied.

19320928

© 1998 VersusLaw Inc.



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