BLOCH v. MILL FACTORS CORPORATION

No. 223.

119 F.2d 536 (1941)

BLOCH v. MILL FACTORS CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 28, 1941.


Attorney(s) appearing for the Case

Walter D. Yankauer, and Sperry & Yankauer, all of New York City, (Samuel Weinberg, of New York City, of counsel), for appellant.

David W. Kahn, and London, Simpson & London, all of New York City, (Ephraim S. London and Nathan Siegel, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an order in bankruptcy, reversing the order of a referee which had dismissed the petition of the trustee to direct the defendant, a factor, to turn over the proceeds from the sale of certain goods of the bankrupt. The question turns upon whether the factor had acquired a lien upon the goods so sold. The facts were as follows. On July 30, 1937, the bankrupt, a dealer in shirts and pajamas, entered into a contract by which...

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