In re the General Assignment for the Benefit of Creditors of Hollywood Kitchen Cabinets, Inc.

On November 12, 1956 petitioners via a written contract ordered cabinets to be made and delivered by the assignor and gave a $400 deposit for same. The assignor never delivered the cabinets. On February 15,1957, the assignor assigned for the benefit of creditors. On February 12, 1957 petitioners sued the assignor for breach of contract, demanding the return of the deposit, recovered a default judgment which was entered on March 29,1957 and filed their claim as judgment creditors with the assignee on May 17,1957.

Petitioners now request that the assignee be directed to pay to them the sum of…