IN RE J. R. PALMENBERG SONS

No. 330.

76 F.2d 935 (1935)

IN RE J. R. PALMENBERG SONS, Inc. BRONX BRASS FOUNDRY, Inc., v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

April 15, 1935.


Attorney(s) appearing for the Case

Maxwell H. Goldstein, of New Haven, Conn. (Milton C. Jacobs, of New York City, of counsel), for claimant-appellant Bronx Brass Foundry, Inc.

Otterbourg, Steindler & Houston, of New York City (Aaron Rosen and Arnold A. Jaffee, both of New York City, of counsel), for appellee Irving Trust Co. as Trustee.

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


AUGUSTUS N. HAND, Circuit Judge.

Bronx Brass Foundry, Inc., a creditor of the bankrupt, filed its proof of claim for $2,101.10, and Irving Trust Company, the trustee, filed a petition to expunge the claim on the ground that the creditor, within four months prior to the date of filing the petition in bankruptcy, had received an unlawful preference of $1,000 knowing that the bankrupt was insolvent. The referee ordered the claim expunged unless the preferential payments...

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