IRVING TRUST CO. v. CONTINENTAL BANK & TRUST CO.


13 F.Supp. 235 (1935)

IRVING TRUST CO. v. CONTINENTAL BANK & TRUST CO. et al.

District Court, S. D. New York.

February 20, 1935.


Attorney(s) appearing for the Case

Morris L. Levine, of New York City, for plaintiff.

Wise, Shepard & Houghton, of New York City (John W. Kelly, of New York City, of counsel), for defendant Continental Bank & Trust Co. of New York.

Archibald Palmer, of New York City (Chauncey H. Levy, of New York City, of counsel), for defendant David Minchenberg.


COXE, District Judge.

This is a suit by a bankruptcy trustee to recover an alleged preferential transfer of $2,000 made to the defendant bank on May 11, 1932, in payment of notes of the bankrupt, indorsed by the defendants Jack and David Minchenberg, falling due on that day. It is the contention of the plaintiff that the transfer was preferential under section 60b of the Bankruptcy Act, as amended (11 U.S.C.A. § 96 (b), and section 15 of the New York Stock Corporation...

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