ADLER v. GREENFIELD

No. 385.

83 F.2d 955 (1936)

ADLER v. GREENFIELD.

Circuit Court of Appeals, Second Circuit.

June 1, 1936.


Attorney(s) appearing for the Case

Philip Bassewitz, of Brooklyn, N. Y. (Maurice F. Miller and Jack J. Gumpert, both of Brooklyn, N. Y., of counsel), for appellant.

Harry Malter, of New York City, for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

Appellant, a brother of the bankrupt, obtained a default judgment against him in December, 1932, for $1,089.70, but execution was not issued thereon until October 11, 1933, when a levy was made on the bankrupt's only property, the contents and fixtures of his drugstore. The merchandise was sold, after advertisement at public auction, for $655 on October 17, 1933. The appellant became the purchaser. November 24, 1933, the bankrupt filed his voluntary...

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