New York Credit Men's Ass'n v. Manufacturers Discount Corp.

SIMONS, Circuit Judge.

As the case presents itself to us the sole question for decision is whether a controversy between the trustee and the assignee of a corporation, in which the bankrupt was sole stockholder, as to possession and ownership of accounts receivable, may be determined in a summary proceeding in the bankruptcy court. The district judge, upon the facts disclosed, held that it could not be so determined, and the trustee appeals.

The bankrupt is Louis Miller trading as Louis Miller & Co. and Bridgeville Shirt Co. As a manufacturer of shirts he operated two factories in Delaware and…