CHERNO v. DUTCH AMERICAN MERCANTILE CORPORATION

No. 74, Docket 29812.

353 F.2d 147 (1965)

Isidore CHERNO, Trustee-Appellant, v. DUTCH AMERICAN MERCANTILE CORPORATION, Creditor-Appellee. In the Matter of ITEMLAB, INC., Bankrupt.

United States Court of Appeals Second Circuit.

Decided November 9, 1965.


Attorney(s) appearing for the Case

Jacob M. Goldman, Mineola, N. Y., for trustee-appellant.

Emanuel Becker, New York City (McLanahan, Merritt & Ingraham, New York City, on the brief), for creditor-appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

The Trustee in Bankruptcy appeals from a judgment of the District Court which reversed an order by the Referee in Bankruptcy which rejected the claim of the appellee, Dutch American Mercantile Corporation, that it was a preferred lien creditor as an equitable assignee or equitable lienor or as the beneficiary of a constructive trust. We reverse the judgment below and let stand the order of the Referee.

On October 23, 1959, Blanmill...

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