SCARBOROUGH v. BERKSHIRE FINE SPINNING ASSOCIATES


128 F.Supp. 948 (1955)

William H. SCARBOROUGH, Trustee in Bankruptcy of Comet Manufacturing Corporation, Bankrupt, Plaintiff, v. BERKSHIRE FINE SPINNING ASSOCIATES, Inc., Defendant.

United States District Court, S. D. New York.

February 10, 1955.


Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, New York City, for plaintiff. Frederic P. Houston, Marks F. Paskes, Aaron Rosen, New York City, of counsel.

Robinson & Henson, New York City, for defendant. Francis C. Leffler, J. Arthur Bowen, New York City, of counsel.


DAWSON, District Judge.

This is a motion for summary judgment made by the defendant. The action is brought by a trustee in bankruptcy to recover from the defendant $94,660.89 as a preference.

The following facts seem to be substantially without dispute:

1. The amount of $94,660.89 was received by defendant as the purchase price for cloth which defendant sold to the bankrupt to be manufactured into handkerchiefs for sale by the bankrupt to the Army...

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