In re Meyerfeld

Good Law
46 F.2d 665·1931 U.S. Dist. LEXIS 1125
United States District Court, Northern District of CaliforniaJanuary 30, 1931No. 18978California1,016 words

Opinion

Lead Opinion

Kerrigan, J.

This is a petition to review an order of the referee in bankruptcy for the sale of real property. The bankrupt herein, Meyerfeld, was for some years in the employ of Irving S. Levy, the petitioner, as a salesman in a elothing store. Meyerfeld also acted for Levy as a “dummy” in various real estate transactions; Levy advancing the funds for a purchase, Meyerfeld taking legal title and subsequently conveying to Levy. Several months prior to the commencement of the bankruptcy proceedings, Levy, apparently having reason to believe Meyerfeld’s bankruptcy imminent, instructed his attorney to ascertain whether any of the real estate handled through Meyerfeld still stood of record in his name. The attorney reported that Meyerfeld had legal title to the property now in controversy. Apparently Levy did nothing until he received notice of the petition of the trastee to sell the property. He then consulted his attorney. The latter, against whom no bad faith whatever is to be imputed, suggested that Levy search among his papers for a deed. A deed from Meyerfeld to Levy, dated February 18, 1926, and witnessed by Levy’s brother, but not acknowledged until April 29,1930, after the trustee’s…

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