In re Bush Terminal Co.

The trustee is prosecuting an action in a state court to recover from former directors of the debtor dividends alleged to have been paid out of capital. In aid of this action he desired to examine the appellee, a former director, under section 21a of the Bankruptcy Act, 11 U.S.C.A. § 44 (a), and such an examination was authorized by an order which received the sanction of this court upon a prior appeal. In re Bush Terminal Co., 2 Cir., 102 F.2d 471. In the course of the examination the witness was asked to answer questions with respect to the participation of his firm in certain financing of…