In re Cole

HAZEL, District Judge.

This is an application to stay proceedings in an action brought against the bankrupt in the supreme court of the state of iVew York. The pleadings in that action come before me as part of the motion papers. It is admitted on argument that 1 he-action is brought to recover damages for an alleged fraud. It also appears that the action is now on the day calendar of the supreme court of this state at Buffalo, and plaintiff is pressing a trial. The petitioner was adjudicated bankrupt on his own petition on the 8th day of March, 1901, after the action now sought to he stayed…