Milkman v. Lissak

SWAN, Circuit Judge.

This action is the sequel to litigation which was before this court in Re Lissak, 2 Cir., 110 F.2d 370. By a summary proceeding in the bankruptcy court the trustee in bankruptcy sought an order directing the bankrupt to deliver possession of the policy and to execute the papers necessary to enable the trustee to collect the cash surrender value thereof. The bankrupt asserted as an affirmative defense that the policy had been pledged to his four children as security for premiums advanced by them on his behalf, and he objected to summary jurisdiction. The children intervened…