ROTH v. FABRIKANT BROS.

No. 224, Docket 21284.

175 F.2d 665 (1949)

ROTH v. FABRIKANT BROS., Inc. In re FLATO.

United States Court of Appeals Second Circuit.

Decided July 7, 1949.


Attorney(s) appearing for the Case

David Haar, New York City, for plaintiff Joseph Roth.

Irving Schneider, New York City (Samuel Friedlander, New York City of counsel), for defendant.

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


AUGUSTUS N. HAND, Circuit Judge.

The plaintiff as trustee in bankruptcy of Paul E. Flato appeals from a judgment of $13,000 in his favor because it is inadequate. The judgment of $13,000 is based on a verdict for $7,700 on the first cause of action of the plaintiff against the defendant termed the "fraudulent transfer" action, and for $5,300 on the second cause of action termed the "preference" action. The defendant appeals from the judgment on the ground that there...

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