131 F. 386 | N.D.N.Y. | 1904
Certain questions have been certified to the court for decision by Referee King. Upon the petition of the trustee in bankruptcy, an order was issued by the referee directing the National State Bank of Troy to show cause why certain moneys of which the bankrupt is the owner, and which came into the possession of the bank after the bankruptcy proceedings were instituted, should not be paid over to the trustee. On behalf of the bank an answer, later a proposed answer, and finally a demurrer to the jurisdiction, were
The certificate of the referee apparently submits the following question for my decision: Was the decision proper, overruling the objection to the jurisdiction of the court, and allowing the National State Bank to interpose its proposed amended answer ? This question is an