Essenkay Corp. v. Mangel Stores Corp.

PATTERSON, District Judge.

The plaintiff, a contract creditor, brought a suit in equity in the New York Supreme Court to follow property of the debtor said to have been transferred in fraud of creditors. The debtor and the transferee were made parties defendant. The complaint alleged that the debtor was without assets of any value, and that a judgment against it would be futile. The defendants removed the case to this court on the ground of diversity of citizenship. The plaintiff has moved to remand the case to the state court, upon two grounds: First, that the suit is not one of which the…