In re Koegel

The trustee secured an order directing the respondent in a summary proceeding to pay over $3,509. Of this, $2,400 was contributed by one Klinghofer, who deposited it as part of the money to put through a composition. Klinghofer disclaimed any ownership in the fund, but this did not prove that it was the bankrupt’s money, and there is no evidence that it was. Indeed, if it was, it had been fraudulently withheld from the trustee, which we cannot assume. The trustee was therefore not entitled to it, even though Klinghofer was not. So far the order was certainly wrong.

The balance of the sum…