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JENTZER v. VISCOSE CO.

No. 32.

82 F.2d 236 (1936)

JENTZER v. VISCOSE CO. et al.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Maxwell S. Mattuck, of New York City, for plaintiff.

Spencer, Ordway & Wierum, of New York City (John A. McManus, Samuel H. Ordway, Jr., and Roderick B. Travis, all of New York City, of counsel), for defendants.

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

L. HAND, Circuit Judge.

This is a suit in equity to recover a preference made by the bankrupt, the Yarns Corporation of America, to the defendant, the Viscose Company. Only two questions are involved: First, whether a payment on account is a preference if, when made, it is no more than the dividend which would then be recoverable on the whole claim; second, whether the Viscose Company had reasonable cause to suppose that the payment would effect a preference. The...

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