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IRVING TRUST CO. v. SIROTY

No. 367.

60 F.2d 71 (1932)

IRVING TRUST CO. v. SIROTY et al. In re MAYBROOK CLOTHES, Inc.

Circuit Court of Appeals, Second Circuit.

July 5, 1932.

Attorney(s) appearing for the Case

Morris & Samuel Meyers, of New York City (Emanuel Harris and Albert Adams, both of New York City, of counsel), for appellants.

Krause, Hirsch & Levin, of New York City (George C. Levin, of New York City, for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The bankrupt, a small company selling clothes at retail, was in the habit of receiving suits "on consignment" from the defendant, Siroty; the title to remain in him until sale. On May 7, 1930, Siroty, becoming anxious because of a shortage of about six thousand dollars in the bankrupt's remittances for consigned goods sold, and especially because two of its cheques for nearly sixteen hundred dollars had been dishonored, sent his assistant to...

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