MARKS v. GOODYEAR RUBBER SUNDRIES

No. 42, Docket 24078.

238 F.2d 533 (1956)

Philip MARKS, as Trustee in Bankruptcy of M & R Plastic Company, a copartnership composed of Richard Simon and Michael Balogh, Plaintiff-Appellant, v. GOODYEAR RUBBER SUNDRIES, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 13, 1956.


Attorney(s) appearing for the Case

Siegel & Brownstein, New York City, Benjamin Brownstein, New York City, of counsel, for appellant.

Young, Balbach, Tilford & Lewis, New York City, Arnold R. Lewis, New York City, of counsel, for appellee.

Before CLARK, Chief Judge, and L. HAND and SWAN, Circuit Judges.


SWAN, Circuit Judge.

This appeal presents a narrow issue, namely, whether the defendant, a creditor of the bankrupt, had reasonable cause to believe that its debtor was insolvent at the time when merchandise purchased from it was returned for credit against the bankrupt's account.

The facts are not in dispute. On December 27, 1954, one week before filing a voluntary petition in bankruptcy, the bankrupt returned to defendant goods having an invoice value of...

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