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MATTER OF LA ROSA

No. 266.

6 F.2d 1021 (1925)

In the Matter of Rosario LA ROSA, Bankrupt; Louis M. Taylor, as Trustee, etc., Petitioner.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Remington & Meek, of New York City, for Trustee.

Lesser Bros., of New York City (William Lesser and Samuel L. Miller, both of New York City, of counsel), for Boyd & Co.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

PER CURIAM.

It is sufficient to refer to Hyman v. Trow, etc., Co. (C. C. A.) 261 F. 991, In re Aarons & Co., 193 F. 646, 113 C. C. A. 514, and In re American, etc., Co., 173 F. 480, 97 C. C. A. 486, to show that either in bankruptcy or in an equity receivership the facts shown were wholly insufficient to justify rescission. Petitioner showed nothing except that he had sold the goods in the ordinary course of trade, and did not even undertake to bear the burden...

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