In re Kirby

KENNERLY, District Judge.

This is a hearing on the petition of the trustee of the estate of John H. Kirby, bankrupt, to review an order of the referee in bankruptcy, dated May 20, 1943, directing the payment of the claim of Walter Yerby, assignee of the Davidson Hotel Equipment Company, out of the assets of the Gulf Coast Securities Corporation. The case is similar to that of the Royal Bank of Canada, heard August 6, 1942, in which such bank likewise claimed the right to be paid out of the assets of Securities Corporation. D.C., 55 F.Supp. 523.

The controlling facts briefly are these:

John H.…