MICELI v. MORGANO


36 F.2d 507 (1929)

MICELI v. MORGANO. In re ERIE COUNTY CANNING CO., Inc.

District Court, W. D. New York.

November 12, 1929.


Attorney(s) appearing for the Case

Donald D. Case, of Buffalo, N. Y. (Stanley Ruthven, of Buffalo, N. Y., of counsel), for plaintiff.

Percy R. Smith, of Buffalo, N. Y., for defendant.


HAZEL, District Judge.

This suit in equity was brought by the trustee in bankruptcy to recover from the defendant, a creditor of the bankrupt, the sum of $2,041.54, paid the defendant on an antecedent debt, it being claimed that at such time defendant had reasonable cause to believe a preference was effected, under section 60 of the Bankruptcy Act, and also, in a separate cause of action, that the amounts paid constituted transferences to defendant while the debtor...

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