In re the General Assignment for the Benefit of Creditors of Vietor 295 N.Y. 665

In the Matter of the General Assignment for the Benefit of Creditors of Adolph Vietor, Doing Business as Fred’k Probst & Company, Assignor, to William C. Ruth, as Substituted Assignee, Appellant. Ernest G. Vietor, Appellant; Marie-Louise Stursberg, as Executrix of Adolph Vietor, Deceased, Respondent.

Argued November 28, 1945;

decided January 17, 1946.

*667Godfrey Goldmark for William O. Ruth, as substituted assignee, appellant.

Warren-W. Cunningham and Haig H. Davidian for Ernest G. Vietor, appellant.

Peter H. Kaminer, G. Herbert Bernier, Gwendolyn W. Pickett • and Herbert L. Sultan for respondent.