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TUMARKIN v. GALLAY

127 F.Supp. 94 (1954)

Allan L. TUMARKIN, as Trustee in Bankruptcy of J. B. Baker, Inc., Plaintiff, v. Sam GALLAY, Defendant.

United States District Court S. D. New York.

December 28, 1954.

Attorney(s) appearing for the Case

Edward B. Levy, New York City, for plaintiff.

Benjamin & Myer Leibowitz, New York City, for defendant.

MURPHY, District Judge.

The trustee in bankruptcy of J. B. Baker, Inc. brings this action to recover an allegedly preferential payment of $15,000 made to defendant within four months of the filing of its voluntary petition in bankruptcy on January 15, 1953. Concededly defendant, who was president, director and 50 percent shareholder of the corporation at time of payment, received the $15,000 on November 24, 1952, in repayment of a loan made to the corporation at the...

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