Central Hanover Bank & Trust Co. v. Kelby

CLARK, Circuit Judge.

The petitioner herein, acting as trustee of certain guaranteed bonds, having had allowed its claim against the bankrupt, New York Investors, Inc., upon the latter’s guaranty of the bonds, sought a declaration from the bankruptcy court as to the ultimate beneficiaries to receive the dividends paid or to be paid on the claim. The referee considered this to be an issue entirely collateral to the bankruptcy, and ruled that he had no jurisdiction to make the declaration. The district court affirmed, stating that on the conceded facts it should not “assume jurisdiction,” thus…