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COHEN v. SUTHERLAND

No. 247, Docket 24877.

257 F.2d 737 (1958)

Joseph COHEN, as Trustee in Bankruptcy of New York Investors Mutual Group, Inc., Bankrupt, Plaintiff-Appellant, v. Ida SUTHERLAND, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 30, 1958.

Attorney(s) appearing for the Case

Bernard A. Grossman, New York City (Frederic A. Johnson, New York City, on the brief), for plaintiff-appellant.

Alexander Pfeiffer, New York City (Pfeiffer & Crames, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and DIMOCK, District Judge.

LUMBARD, Circuit Judge.

Joseph Cohen, trustee in bankruptcy of New York Investors Mutual Group, Inc., appeals from a judgment by Chief Judge Clancy, Southern District of New York, dismissing his complaint at the end of trial. Appellant seeks to set aside a mortgage assignment to the defendant on the ground that it was a voidable preference, a fraudulent conveyance, or a corporate mortgage to which the stockholders did not consent. Sections 69, sub. a, 67, sub. d(2...

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