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SCHWARTZ v. LEVINE & MALIN

No. 286.

111 F.2d 81 (1940)

SCHWARTZ v. LEVINE & MALIN, Inc. In re KELNER et al.

Circuit Court of Appeals, Second Circuit.

April 15, 1940.

Attorney(s) appearing for the Case

Michael I. Winter, of New York City, for appellant.

Duberstein & Schwartz and Max Schwartz, all of Brooklyn, N. Y., for appellee.

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

PER CURIAM.

This action is to recover a preferential payment received by the defendant from the bankrupts in part payment of a debt. The answer alleged that the money had not been received in payment of a debt, but for goods which had been delivered to the bankrupts on consignment. The trustee then moved under Rule 56, Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, for summary judgment, which the judge granted upon the following...

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