FENOLD v. GREEN

No. 258, Docket 21339.

175 F.2d 247 (1949)

FENOLD v. GREEN et al.

United States Court of Appeals Second Circuit.

Decided June 1, 1949.


Attorney(s) appearing for the Case

David I. Michaelson, New York City, for appellants.

Abraham Silverstein, New York City, for plaintiff-appellee.

Solomon S. Leff, New York City (David Haar, New York City, of counsel), for impleaded defendant-appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action brought by a trustee in bankruptcy to recover from the appellants preferential payments under section 60, sub. b, of the Bankruptcy Act, 11 U.S. C.A. § 96, sub. b. The case was tried to the court without a jury. The material facts as found by the trial judge are as follows:

The bankrupt, Samuel Kaufman, Inc., was a manufacturing furrier. The defendants Green, who will...

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