MARGOLIS v. GEM FACTORS CORP.

No. 143, Docket 22542.

201 F.2d 803 (1953)

MARGOLIS v. GEM FACTORS CORP.

United States Court of Appeals Second Circuit.

Decided February 4, 1953.


Attorney(s) appearing for the Case

Isadore B. Hurwitz, New York City (Louis P. Rosenberg, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

Louis J. Weinshenker, New York City (Weinshenker & Kenner, New York City, on the brief), for defendant-appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


CLARK, Circuit Judge.

The trustee in bankruptcy of Bri-Test Inc. brought this action in the district court to recover an allegedly preferential payment of $21,000 made to defendant by the bankrupt within four months of the filing of its Chapter XI, 11 U.S.C. § 701 et seq., petition. The amended complaint set forth two causes of action, the first to recover the preference under § 60 of the Bankruptcy Act, 11 U.S...

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