ATLAS v. EASTERN YARN MILLS

No. 162.

27 F.Supp. 478 (1939)

ATLAS v. EASTERN YARN MILLS, Inc.

District Court, E. D. New York.

May 5, 1939.


Attorney(s) appearing for the Case

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

Lewis Landes, of New York City (Samuel C. Duberstein and Max Schwartz, both of Brooklyn, N. Y., of counsel), for defendant.


MOSCOWITZ, District Judge.

This action is brought by the Trustee in bankruptcy of Stuart Sportswear, Inc., to recover the amount of an alleged preferential payment to the defendant. In addition to denying the preference, the defendant claims a set-off under Section 60c of the Bankruptcy Act, 11 U.S.C.A. § 96(c), to the extent of new credits advanced after March 2, 1937, the date of the alleged preferential payment.

On March 2, 1937, the bankrupt was indebted...

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