SAPERSTEIN v. HOLLAND, McGILL & PASKER

No. 12683.

496 P.2d 896 (1972)

27 Utah 2d 396

Herschel J. SAPERSTEIN, Trustee in Bankruptcy of the Estate of Burger-in-the-Round, Inc., Plaintiff and Respondent, v. HOLLAND, McGILL & PASKER, Defendant and Appellant.

Supreme Court of Utah.

May 4, 1972.


Attorney(s) appearing for the Case

Donald Sawaya, Salt Lake City, for defendant and appellant.

John H. Allen, of Cannon, Greene & Nebeker, Salt Lake City, for plaintiff and respondent.


CROCKETT, Justice:

Plaintiff, as Trustee in Bankruptcy, sued to recover a judgment for $5711.35 which defendant had taken from the bankrupt Burger-in-the-Round, Inc., (the same corporation as The Dinner Table, Inc.) by judgment-garnishment within four months before the petition in bankruptcy was filed on the ground that this constituted a preference over other creditors.

Of critical importance in this proceeding is the purpose spelled out in the bankruptcy...

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