Schwartz v. Horowitz

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy which affirmed the order of a referee bringing in one, Horowitz, as a party .to a suit in contract brought by the trustee in the bankruptcy court against two corporations. Horowitz was a partial assignee from the bankrupt of the claims sued upon by the trustee, holding his assignment as security. The referee brought him into the bankruptcy suit, together with a number of other partial assignees, and enjoined him from continuing an action in the state court which he had commenced before petition filed against the two…