Opinion
January 7, 1925.
Shaine Weinrib, of New York City, for bankrupt.
Joseph S. Johnston, of New York City, for petitioning creditors and receiver.
James P. Callender, of New York City, for receiver.
Budd Coffey, of New York City, for petitioning creditor Stern.
Alexander T. Hussey, of New York City, for petitioning creditor Van Bokkelen.
Lesser Brothers, of New York City, for petitioning creditor Rider-Ericson Engine Corporation.
In Bankruptcy. In the matter of General Research Laboratories, Inc., alleged bankrupt. On motion for allowance of costs and damages on dismissal of petition for receiver. Granted.
Section 3, subd. e, of the Bankruptcy Law (Comp. St. § 9587), provides that, if a petition for the appointment of a receiver is dismissed, the costs, expenses, and damages should be fixed and allowed by the court and paid by the obligors in the bond filed on the application for the appointment of a receiver. The bankruptcy court, therefore, will not order them paid by any one else.
The motion, therefore, is granted, without prejudice, however, to any right which any party to this proceeding may have to enforce contribution at law or in equity.