Young v. Bradley

ALLEN, Circuit Judge.

The appellants filed claims in a bankruptcy proceeding asserting equitable title to certain securities of the Higbee Company, a Delaware corporation operating a department store in Qeveland, Ohio, debt- or in a reorganization proceeding. The securities in question are 100,000 shares of common stock of the Pligbee Company, and three notes of the Higbee Company totaling $1,620,715.39, due March 1, 1934. Appellants Young, Kirby and Kolbe assert that the securities should be impressed with a constructive trust in their favor because of violation of a fiduciary relationship in…