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ROCHFORD v. NEW YORK FRUIT AUCTION CORPORATION

No. 121.

116 F.2d 584 (1940)

ROCHFORD v. NEW YORK FRUIT AUCTION CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 23, 1940.

Attorney(s) appearing for the Case

I. Saul Fleischman, of New York City (Irving Coopersmith and Michael Berman, both of New York City, on the brief), for plaintiff-appellee.

Harry Weinberger, of New York City (Chester A. Pearlman and W. E. Aronberg, both of New York City, on the brief), for defendant-appellant.

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

CLARK, Circuit Judge.

We are asked to hold "clearly erroneous" [Rules of Civil Procedure, Rule 52(a), 28 U.S.C.A. following section 723c] the district court's findings that the bankrupt here did not have a fraudulent intent to leave unpaid for goods bought on credit from defendant and by the latter repossessed when insolvency became clear. But the evidence of record does not justify such a step. The law is, of course, well...

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