McKENZIE v. IRVING TRUST CO.

No. 188.

323 U.S. 365 (1945)

McKENZIE, TRUSTEE IN BANKRUPTCY, v. IRVING TRUST CO.

Supreme Court of United States.

Decided January 8, 1945.


Attorney(s) appearing for the Case

Mr. David Morgulas, with whom Messrs. M. Carl Levine and Albert Foreman were on the brief, for petitioner.

Mr. William A. Onderdonk for respondent.


MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

Petitioner, trustee in bankruptcy of Graves-Quinn Corporation, the debtor, brought this suit in the Supreme Court of New York to recover the sum of $150,000 paid by the debtor to respondent, its creditor. The payment was alleged to be an unlawful preference under § 60a of the Bankruptcy Act, 11 U.S.C. § 96. Respondent moved for summary judgment under Rule 113 of the New York Rules of Civil Practice...

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