FOSTER v. ZELLMAN

No. 2870.

24 F.2d 1002 (1928)

FOSTER v. ZELLMAN.

District Court, D. Massachusetts.

March 14, 1928.


Attorney(s) appearing for the Case

Phipps, Durgin & Cook, of Boston, Mass., for plaintiff.

Kerwin, Reilly & Gilbride, of Lowell, Mass., for Old Lowell National Bank, trustee.

Martin Witte, of Boston, Mass., for defendant.


BREWSTER, District Judge.

The plaintiff in the above-entitled action, as trustee in bankruptcy, brings on the law side of this court a suit to recover a preference resulting from the payment of money to a creditor within four months prior to bankruptcy.

The defendant moves to dismiss, on the ground that this court is without jurisdiction to entertain an action at law to recover a money preference.

The practice of resorting to the equity side of the...

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