224 F. 104 | 2d Cir. | 1915
The petition to- revise in the Brownsville proceeding is brought by Bessie Weinstein, one of the petitioning creditors in the other proceedings. We think she had no right to intervene in the first proceeding, nor to review the order made therein. However, as the throwing out of her petition would probably only lead to a re-presentation of the same questions subsequently by some one else, we think it best to dispose of them on the merits.
We concur fully with Judge Veeder’s reasoning and conclusion; no one seems to dispute the proposition that Max and Sarah were partners, and there is certainly nothing in the evidence which would sustain a finding that, in the general business of Max Kobre’s bank, conducted in Williamsburg or Manhattan by Max and Sarah, Ginsberg was a partner.
The testimony as to the Brownsville Branch, however, is quite different. Ginsberg was apparently the moving spirit of that branch, managing the business and regulating the affairs; moreover, concededly, he
We are also satisfied that the order of consolidation was a proper one.
The three orders are affirmed.