IRVING TRUST CO. v. CHASE NAT. BANK

No. 242.

65 F.2d 409 (1933)

IRVING TRUST CO. v. CHASE NAT. BANK.

Circuit Court of Appeals, Second Circuit.

May 29, 1933.


Attorney(s) appearing for the Case

Bernard A. Grossman, of New York City, for appellant.

Rushmore, Bisbee & Stern, of New York City (S. S. Jennings, Jr., of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

The complaint alleges that the bankrupt corporation, while insolvent and within ten days prior to filing its voluntary petition in bankruptcy, paid its note for $4,000 held by the Chase National Bank, which note was indorsed by two of the bankrupt's officers and directors. It alleges that the payment was made when said officers knew that the bankruptcy of the corporation was imminent, and "with intent and purpose on the part of said Martin Bernstein...

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