BERNER v. SCHLESINGER


11 Misc.2d 1024 (1957)

Irwin M. Berner, as Trustee in Bankruptcy of J. Mackey & Son, Inc., Bankrupt, Plaintiff, v. Sol O. Schlesinger, Doing Business as Ideal Uniform Cap Co., Defendant.

Supreme Court, Special and Trial Term, New York County.

October 10, 1957.


Attorney(s) appearing for the Case

Charles H. Cohen for plaintiff.

Benjamin H. Wicksel for defendant.


FELIX C. BENVENGA, J.

This is an action to recover the sum of $27,745.56, based upon alleged transfers of moneys in the form of checks issued by a bankrupt to defendant. The complaint pleads, in the alternative, causes of action based upon the theory of (1) moneys loaned, and (2) fraudulent conveyances. The defense is that the checks were given in payment for returned merchandise. This claim is based mainly on defendant's own testimony on direct examination...

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