IRVING TRUST CO. v. ROSENWASSER


5 F.Supp. 1016 (1934)

IRVING TRUST CO. v. ROSENWASSER. In re LEIBOWITZ BROS., Inc.

District Court, S. D. New York.

February 14, 1934.


Attorney(s) appearing for the Case

Krause, Hirsch & Levin, of New York City (Sydney Krause and Morris M. Marcus, both of New York City, of counsel), for plaintiff.

Max Berkow, of New York City, for defendant.


WOOLSEY, District Judge.

My judgment in this case is that the plaintiff must have a decree, but without costs.

The decree shall provide that the defendant became a trustee of the shoes transferred to him on March 1, 1933, and that he should return them to the plaintiff, or, failing that, that the plaintiff should have an accounting for the profits, if any, which the defendant may have made by the resale of the goods thus declared to be a trust res.

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