Kaplan v. Joseph

MAJOR, Circuit Judge.

This is an appeal from an order, entered June 17, 1941, allowing defendants’ motion for a summary judgment, and dismissing plaintiffs’ amended and supplemental complaint purporting to state a cause of action entitling plaintiffs to a preferred claim against defendants’ trust. The court, in its order appealed from, found that the plaintiffs were guilty of gross laches in the presentation of their claim and that it was barred. The court also denied leave to file an amended complaint praying in the alternative that plaintiffs’ claim be allowed as a general claim.

The…