Erie Transfer Co. v. J. Cutler Iron Works, Inc.

AUGUSTUS N. HAND,

Circuit Judge (after stating the facts as above).

The appellant contends that the intervener, Central Mercantile Bank & Trust Company, had no standing or right to intervene in this proceeding on behalf of the bankrupt estate of Fain and Klausner. While we do not regard this as an important consideration, for the reason that the intervener has failed to establish any claim and has not appealed, the right of a petitioning creditor to assert claims on behalf of a bankrupt estate when, as here, no trustee has been elected, has been recognized both by the Bankruptcy Act, § 64b(2),…