Fleming v. J. G. McCrory Co.

Litz, Judge:

This certificate involves the action of the trial conrt in overruling a demurrer to the intervening petition of Irving Trust Company (a New York corporation), trustee in bankruptcy, filed in the suit, and sustaining demurrers to special pleas interposed to the petition.

On January 14, 1933, McCrory Stores Corporation, a holding company incorporated under the laws of Delaware and having its principal place of business in the city of New York, was adjudged a voluntary bankrupt by the United States District Court for the Southern District of New York. On the same date, the court…