In Re Louis Elting, Inc.

4 F. Supp. 732, 1933 U.S. Dist. LEXIS 1327

• Court: District Court, S.D. New York
• Decided: September 21, 1933
• Status: Published

Opinion

WOOLSEY, District Judge.

These petitions to review are dismissed.

The learned referee’s admirable certificate comprehensively covers the situation herein, and I have not anything to add there to except (1) a reference to the very recent decision of the Circuit Court of Appeals for this circuit in Matter of Bronx Ice Cream Company, Inc., 66 F.(2d) 626, and (2) to observe that as Sidney Wedeen, Esq., voted for the Irving Trust Company such of his claims as were not properly excluded by the referee as insufficient, he cannot now be heard to complain of the appointment of the Irving Trust Company as trustee by the referee on a vote divided in numbers. By so doing he waived such right. A provisional vote cannot be recognized as preserving it.