GOLDSTEIN v. RUSCH

No. 210.

56 F.2d 10 (1932)

GOLDSTEIN v. RUSCH et al.

Circuit Court of Appeals, Second Circuit.

February 15, 1932.


Attorney(s) appearing for the Case

Jacobs & Blumenstiel, of New York City (Albert Blumenstiel, of New York City, of counsel), for appellants.

Benjamin I. Sperling, of New York City, for appellee.

Bondy & Schloss, of New York City (Eugene L. Bondy, of New York City, of counsel), for H. M. Jubshman & Bro., amicus curiæ.

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


MANTON, Circuit Judge.

The appellee below succeeded in setting aside, as preferential under section 60b of the Bankruptcy Act (11 USCA § 96), a transfer of merchandise by the bankrupt to the appellants which was made just a day previous to the filing of a petition in bankruptcy against one Morris B. Horowitz of New York City. Under a written contract made September 20, 1928, the bankrupt assigned his accounts receivable as collateral security for advances made...

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