185 F. 844 | S.D.N.Y. | 1911
I concur in the conclusions of the special master in respect to ■ all the claims passed upon with the following exceptions: ,
1. Claim of the National City Bank.
The securities sent by the National City Bank to Tracy & Co. on the morning of the failure were left with Tracy & Co. simply to af
2. Claims of Skerry, Kampf, and Lester.
I think that the claimants Skerry and Kampf are entitled to priority over Lester. The pledge of the securities of Skerry and Kampf was a pure conversion, while Lester was dealing o'n a margin, and the pledge of his securities was within the implied authority of the brokers. Instead, therefore, of the claims of Skerry, Kampf, and Lester ranking equally, I think that those of Skerry and Kampf should be paid first, and- that then Lester’s claim should come against the residue.
I think that Kropp’s claim to the return of $150 is good. He paid that money in as margin on the morning of the failure, for the purchase of certain stock. The stock was ordered; but the bankruptcy occurred before its delivery, and therefore the contract was avoided by the bankruptcy. I think, under such circumstances, the $150 was held in trust, and should he returned.
1. Claim of William D. Marbourg.
The trustee claims that a mistake has been made in reference to the claim of Marbourg, by which he has been directed to return certain stock which he has not got. If the attorneys for Marbourg and the trustee cannot agree on the facts, that claim will he sent back to the special master to determine that question.
In all other respects, the special master’s report is confirmed.