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FISCHER v. LIBERTY NAT. BANK & TRUST CO. IN NEW YORK

53 F.2d 856 (1931)

FISCHER v. LIBERTY NAT. BANK & TRUST CO. IN NEW YORK et al.

District Court, S. D. New York.

November 9, 1931.

Attorney(s) appearing for the Case

George C. Levin, of New York City, for plaintiff.

Hardy & Hardy, of New York City (David Brady, of New York City, of counsel), for defendant Liberty Nat. Bank of New York.

A. Prentiss Butler, of New York City (Robert J. Sykes, of New York City, of counsel), for defendant Barker.

Baker & Obermeier, of New York City (Oscar S. Rosner, of New York City, of counsel), for defendant Lippe.

PATTERSON, District Judge.

This is a suit by a trustee in bankruptcy to recover alleged preferences made to three creditors. The payments were made on October 15, 1930; the involuntary petition in bankruptcy was filed on February 14, 1931. The proof shows that the bankrupt was hopelessly insolvent when he made the payments. Two issues are presented: First, as to the reasonable cause to believe on the part of each defendant...

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