STARK v. BALTIMORE SODA FOUNTAIN MFG. CO.

No. 5300.

101 F.Supp. 842 (1952)

STARK v. BALTIMORE SODA FOUNTAIN MFG. CO., Inc.

United States District Court, D. Maryland, Civil Division.

January 4, 1952.


Attorney(s) appearing for the Case

Isidor Roman, Baltimore, Md., for plaintiff.

Jacob S. New, John O. Herrmann, Baltimore, Md., for defendant.


CHESNUT, District Judge.

In this case the Trustee in Bankruptcy sues to recover an alleged preference under section 60 of the Bankruptcy Act, 11 U.S. C.A. § 96. The principal defenses are (1) limitations and (2) res adjudicata.

The preference, according to the plaintiff's contention, resulted from the re-taking by the defendant of chattels sold by it to the bankrupt under a conditional sale contract which the plaintiff asserts was defectively recorded...

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