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WOLCOTT v. COMMERCIAL INV. TRUST

7 F.Supp. 809 (1934)

WOLCOTT v. COMMERCIAL INV. TRUST, Inc.

District Court, S. D. New York.

June 5, 1934.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Paul Speer and Charles F. Welch, both of New York City, of counsel), for plaintiff.

Harold F. Birnbaum, of New York City (Harold F. Birnbaum and J. J. Faricy, both of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The motion is by the plaintiff to strike from the defendant's answer three affirmative defenses as insufficient on their face. The action is one at law by the trustee in bankruptcy of Gas Engine & Boat Corporation, of Norfolk, Va., to recover an alleged voidable preference. In addition to the pleadings, there is a stipulation of facts to be considered in determining the sufficiency of the three defenses.

The complaint alleges...

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