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GOLDSTEIN v. FRANKLIN SQUARE NAT. BANK

No. 79.

31 F.Supp. 66 (1940)

GOLDSTEIN v. FRANKLIN SQUARE NAT. BANK. In re FRANKLIN SQUARE DEPARTMENT STORE.

District Court, E. D. New York.

January 30, 1940.

Attorney(s) appearing for the Case

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

Alexander Zager, of Jamaica, L. I., N. Y. (Hyman Stein, of New York City, and Saul L. Harris, of Brooklyn, N. Y., of counsel), for defendant.

BYERS, District Judge.

The judgment of this court rendered March 27, 1939, 26 F.Supp. 890, has been reversed for error in that there was a failure to decide and make appropriate findings on the essential issues "whether the bank in receiving the deposits made between December 15th and December 27th (1937) intended to apply them in payment or set-off on the notes held by it, whether the bankrupt was then insolvent, whether the...

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