
    Case No. 9,798.
    In re MORGAN.
    [8 Ben. 232.] 
    
    District Court, S. D. New York.
    Aug., 1875.
    Attorney and Client — Representing Antagonistic Interests — Bankrupt Proceedings.
    There is no legal objection to the appearance by counsel, who has previously acted as counsel for the bankrupt, as counsel for a creditor whose claim is under re-examination.
    [This case was formerly heard upon the proof of debt of a corporation of which' the bankrupt had been president. Case No. 9,-797.]
    The register in this case certified to the court that, on the re-examination of the claim of Yale & Co., alleged creditors of the bankrupt, Mr. Pelton. who had appeared in all the proceedings as counsel for the bankrupt [Henry N. Morgan], and was still acting as such, appeared as counsel for Yale & Co.; and that the creditor who had required the re-examination of such claim objected to such appearance for Hale & Co., by reason that such counsel occupied the antagonistic position of counsel for the bankrupt. And the. register certified to the court this question; “Does any legal objection exist to Mr. Pel-; ton’s acting as counsel for the claimants, Yale & Co., on the ground that be is the counsel for the bankrupt?” with his opinion thereon, as follows: “The objection is one that it might be very material for the claimants to consider; but it is not perceived how the fact stated as the foundation of it can work injury to the objector, nor -that the choice made by the claimants, is to be forbidden by the court”
    
      
       [Reported by Robert D. Benedict, Esq., and Benj. Lincoln Benedict, Esq., and here reprinted by permission.]
    
   BLATOHFORD, District Judge.

I concur in the conclusion of the register.  