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LIEBOWITZ v. VOIELLO

No. 44.

107 F.2d 914 (1939)

LIEBOWITZ v. VOIELLO.

Circuit Court of Appeals, Second Circuit.

November 13, 1939.

Attorney(s) appearing for the Case

Samuel B. Ohlbaum, of New York City, for plaintiff-appellant.

Avel B. Silverman, of New York City, for defendant-respondent.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.

CLARK, Circuit Judge.

The present case presents another variation of the repeated attempts of creditors to secure insulation from financial loss in continuing business dealings with a failing concern. The defendant wanted to deliver flour to the bankrupt concern (or those identified with it) for manufacture into macaroni, distribution, and sale; the legal device resorted to was a consignment contract supposed to create only...

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