IRVING TRUST CO. v. CHASE NAT. BANK

No. 220.

72 F.2d 668 (1934)

IRVING TRUST CO. v. CHASE NAT. BANK OF CITY OF NEW YORK et al. In re ROBBINS & PROKESCH, Inc.

Circuit Court of Appeals, Second Circuit.

August 17, 1934.


Attorney(s) appearing for the Case

Krause, Hirsch & Levin, of New York City (Sydney Krause and George C. Levin, both of New York City, of counsel), for appellant.

Rushmore, Bisbee & Stern, of New York City (George L. Trumbull and Stuart H. Steinbrink, both of New York City, of counsel), for appellee Chase Nat. Bank of City of New York.

Blumberg & Parker, of New York City (Samuel M. Chapin and Monroe Chapin, both of New York City, of counsel), for appellee Bank of Manhattan Trust Co.

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


AUGUSTUS N. HAND, Circuit Judge.

This is a suit by the trustee in bankruptcy of Robbins & Prokesch, Inc., against the Chase Bank and Bank of Manhattan Trust Company to recover payments made by Robbins & Prokesch, Inc., in contravention of section 15 of the Stock Corporation Law of the state of New York (Consol. Laws, c. 59).

It is necessary for the claimant to establish that:

(1) The insolvency of Robbins & Prokesch, Inc., existed or was...

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