General
In the Matter of the Assignment of McAllister Night Lines, Inc., Assignor, to Joseph C. Morse and William Hauck, Assignees, Appellants, for the Benefit of Creditors. Draeger Shipping Co., Inc., Respondent
242 A.D. 606·New York Supreme Court, Appellate Division·1934·NY
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Opinion
In the Matter of the Assignment of McAllister Night Lines, Inc., Assignor, to Joseph C. Morse and William Hauck, Assignees, Appellants, for the Benefit of Creditors. Draeger Shipping Co., Inc., Respondent.
[MAJORITY]
Order reversed, with twenty dollars costs and disbursements, and motion denied, upon the ground that respondent, upon whom was the burden of proof, failed to identify or trace the funds. (See Matter of Hicks, 170 N. T. 195; Matter of Gavin v. Gleason, 105 id. 256.) Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.