In re Archbold & Hamilton
Opinion
lead Opinion
Dooding, J.
At the first meeting of creditors, which was held on May 5, 1916, all of the creditors that voted for trustee voted for one Joseph Golden for that office. The amount of claims thus voted was $3,582.14. An objection was made by the bankrupt to this selection on the ground that the firm of Rothchild, Golden & Roth-child, attorneys, who were the attorneys for said proposed trustee, were also attorneys for Strouse & Bros., a creditor of said bankrupt, who was claiming the return of certain goods and merchandise delivered to the bankrupt upon an alleged consignment. Joseph Golden is not a member of the firm above named, but would, if elected trustee, employ the said firm as his attorneys. The referee refused to approve the selection of Mr. Golden, basing such refusal upon the ground that:
It was stated to the referee that, if it should afterwards appear that there was any conflict between the interests of the creditor, Strouse & Bros., and the trustee, the firm of Rothchild, Golden & Rothchild would not represent the claim of said Strouse & Bros., and that said trustee would have as his counsel, not only the firm above named, but also the firm of Asher, Myerstein & McNutt, and Messrs.…