STATE OF DELAWARE v. IRVING TRUST CO.


19 F.Supp. 231 (1937)

STATE OF DELAWARE v. IRVING TRUST CO.

District Court, S. D. New York.

March 9, 1937.


Attorney(s) appearing for the Case

Peaslee & Brigham, of New York City (Ralph G. Albrecht and Martin A. Meyer, Jr., both of New York City, of counsel), for plaintiff.

Rosenberg, Goldmark & Colin, of New York City (Godfrey Goldmark, of New York City, of counsel), for defendant.


PATTERSON, District Judge.

The question raised by the defendant's motion to dismiss the complaint as insufficient on its face is whether a trustee in bankruptcy is personally liable for taxes owed by the bankrupt where the estate contained sufficient funds to pay the tax and was distributed in due course to others, the trustee having had no knowledge or notice of the unpaid tax prior to distribution.

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