Cutler-Hammer, Inc. v. Wayne

HUTCHESON, Circuit Judge.

Appellant is one of a number of materialmen and laborers who, before the bankruptcy of Clare & Company, furnished it, as contractor, material and labor for use on a building job. Bankruptcy supervening before the job was finished, and there being ample funds to complete it, the trustee finished the job. On its completion, the owner, under an agreement with the trustee, the lien claimants and all others concerned, that he and his building should be released, and that all the claims should be transferred to and made against the deposited funds, deposited in the…