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ROGERS v. STISSING NAT'L BANK

23 A.D.2d 951 (1965)

Joseph E. Rogers, as Trustee in Bankruptcy of The Estate of Kenneth C. Sweet, Bankrupt, Respondent-Appellant, v. Stissing National Bank, Appellant-Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 28, 1965

HERLIHY, J.

The controlling issue determined by the court was that the sale of the livestock and the payment of the proceeds thereof to the bank was preferential treatment of creditors pursuant to subdivision (a) of section 60 of the Federal Bankruptcy Law. (U. S. Code, tit. 11, § 96, subd. [a].) The record demonstrates that at the time of the sale of 59 head of cattle, under and by direction of the defendant bank pursuant to a chattel mortgage,...

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