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ESSENKAY CORPORATION v. MANGEL STORES CORPORATION

10 F.Supp. 50 (1932)

ESSENKAY CORPORATION v. MANGEL STORES CORPORATION et al.

District Court, S. D. New York.

September 15, 1932.

Attorney(s) appearing for the Case

Rabenold & Scribner, of New York City (Charles E. Scribner, of New York City, of counsel), for plaintiff.

Rosenberg, Goldmark & Colin, of New York City (Godfrey Goldmark, of New York City, of counsel), for defendant Mangel Stores Corporation.

Limburg, Riegelman, Hirsch & Hess, of New York City (Harry F. Mela, of New York City, of counsel), for defendant Legnam Corporation.

PATTERSON, District Judge.

The plaintiff, a contract creditor, brought a suit in equity in the New York Supreme Court to follow property of the debtor said to have been transferred in fraud of creditors. The debtor and the transferee were made parties defendant. The complaint alleged that the debtor was without assets of any value, and that a judgment against it would be futile. The defendants removed the case to this court on the ground of diversity of citizenship...

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