Fineberg v. Stone

L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy which allowed a claim in reclamation against the trustee. Fineberg, the petitioner, kept a large sum in cash in one of a set of safes maintained for its guests by the bankrupt, a hotel where he lived. Access to each safe could be had only by the guest’s key used in conjunction with a master key, kept in the “cage” of the cashier, Taggerty. There was a set of duplicate guest keys, one for each safe, kept in a safe in the office of the assistant treasurer, Morse. For some time, a year at least, Taggerty had been pilfering from…