C.N.K. Company v. Joseph F. Ruggieri, Trustee-Appellee

MOORE, Circuit Judge.

By petition, C. N. K. Company (CNK) sought an order directing Joseph F. Rug-gieri, Trustee in bankruptcy of Dallas Homes, Inc. (Dallas), Geary Realty Corp. (Geary), and Knoll Realty Corp. (Knoll) to pay to CNK $20,000 with interest from December 11, 1953 from funds held by the Trustee resulting from the sale of certain real estate in Nassau County (the Syosset property) which CNK claimed to be security for such indebtedness.

Although corporate and partnership names are used, Herman Axelrod, a builder of homes on Long Island, and Nathan Koslow, a lender of money primarily…