In re Hammon
Opinion
Lead Opinion
Sure, J.
This matter is before the court upon an unverified petition for the return to petitioner of'unclaimed composition moneys in a bankruptcy proceeding.
*229 The petition avers that on September 17, 1917, a petition in involuntary bankruptcy was filed against petitioner; that subsequently petitioner filed a schedule of properties and a list of creditors; that in May, 1918, petitioner offered a composition in the sum of $250,000, which was accepted by a majority in number and amount of his creditors; that petitioner also paid into court $7,750 to cover expenses in said matter; that the composition was confirmed by the court and distribution of the composition moneys among the creditors was ordered, which order was obeyed by the referee in December, 1918;- that in December, 1928, a second dividend was distributed, but certain of the creditors “wholly failed to claim the fund so coming to them”; that on May 11, 1933, a third and final dividend was distributed, being all of said moneys remaining and undistributed; that “certain of said creditors further wholly failed” to claim the amount of the dividend; that after a lapse of more than eighteen months, there remained in the hands of the…