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GOLDSTEIN v. FRANKLIN SQUARE NAT. BANK

No. 77.

107 F.2d 393 (1939)

GOLDSTEIN v. FRANKLIN SQUARE NAT. BANK.

Circuit Court of Appeals, Second Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Nathan B. Fogelson, of New York City, for appellant.

Alexander Zager, of Jamaica, L. I., N. Y. (Hyman Stein, of New York City, of counsel), for appellee.

Before SWAN, CHASE, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

Finkelstein, a retail merchant in a small village, filed petition in bankruptcy on January 26, 1938. His trustee in bankruptcy brought action against Franklin Square National Bank to recover for alleged preferences given by the bankrupt to the bank. It was charged in the complaint that the bankrupt, being indebted to the bank in the sum of $1,000 on promissory notes, in December 1937, made deposits of $1,000 with the bank with intent that...

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