voluntary petitions, were adjudged bankrupts; and subsequently one R. O. Smith was appointed trustee in bankruptcy for all of them. The Irving Trust Company, trustee in bankruptcy of the parent corporation, however, continued in possession of the assets of the subsidiaries covered by the order of January 31st. Smith, trustee of the subsidiaries, has not attempted to take possession of anything, and the bond required of him is for the sum of only $100.
On March 21, 1933, after the Irving Trust Company as trustee in bankruptcy of the parent corporation had been in possession of the property in the West Virginia stores of the McCrory Company, and had been operating *425 these stores for a period of more than two months, three landlords who had entered into leasecontracts with the J. G. McCrory Company, the West Virginia subsidiary, entered suit against that company in the circuit court of Marion county, W. Va., and procured the appointment of receivers for it, who took into their possession the property in the West Virginia stores and began operating these stores under the order of the West Virginia court. The bill of complaint in the suit in which these receivers were appointed set forth the bankruptcy of the parent corporation in the Southern District of New York and the order of January 31st relating to the assets in the hands of its subsidiaries, but denied that either the parent corporation or the subsidiary was insolvent and averred that the order with reference to the assets of the subsidiary was