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WILLCOX v. GOESS

Nos. 369-375.

92 F.2d 8 (1937)

WILLCOX v. GOESS (FIRST NAT. BANK & TRUST CO. OF ROCHESTER, Intervener).

Circuit Court of Appeals, Second Circuit.

July 19, 1937.

Attorney(s) appearing for the Case

Morris Ehrlich, of New York City (Bernard H. Nearman, of New York City, on the brief), for trustee in bankruptcy.

Bernard Sobol, of New York City, for receiver of defendant bank.

George B. Rice, of Bayside, L. I. (P. D. Oviatt, of Rochester, N. Y., of counsel), for First Nat. Bank & Trust Co. of Rochester, intervener.

Conboy, Hewitt, O'Brien & Boardman, of New York City (Bernard Sobol, of New York City, of counsel), for receiver of Harriman Bank.

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

L. HAND, Circuit Judge.

These appeals are from decrees in a consolidated suit to recover upon a bank account, and to set aside a number of transfers alleged to have been preferential, not under the Bankruptcy Act — since all were more than four months before petition filed — but under section 15 of the New York Stock Corporation Law (Consol.Laws, c. 59). The plaintiff is the trustee of a corporation called, "J. A. M. A. Realty Corporation," of which...

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