In re Sol. Aarons & Co.
Court of Appeals for the Second Circuit
Petition to Revise an Order of the District Court of the United States for the Southern District of New York. In the matter of Sol. Aarons & Co., bankrupts. Petition by Julius C. Wolff & Co. to revise an order of the District Court confirming an order dismissing a petition to set aside a sale of goods to the bankrupt.
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Petition to Revise an Order of the District Court of the United States for the Southern District of New York. In the matter of Sol. Aarons & Co., bankrupts. Petition by Julius C. Wolff & Co. to revise an order of the District Court confirming an order dismissing a petition to set aside a sale of goods to the bankrupt. The petitioners filed a petition in the District Court for an order re-, scinding and setting aside a sale to the bankrupt of 385 rolls of matting and for authority to take possession of said matting from James Talcott, to whom it had been consigned, on the ground that the…
1Per curiam
The petitioners must establish three propositions to entitle them to rescind the sale in question-: (1) That the bankrupt *647was insolvent at the time of the purchase of the matting. (2) That ■ he bankrupt concealed its insolvency from the petitioners. (3) That the bankrupt intended not to pay for the goods.
[1,2] Assuming that the petitioners can establish the first proposition, and that the bankrupt was insolvent at the time when the order for the goods -was placed with the petitioners, the second proposition 'loes not follow. It is not contended that the officers of the bankrupt made any false…
2Cited by10 opinions
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
- In re New York Commercial Co.Court of Appeals for the Second Circuit · 1915
- In Re Tate-Jones & Co.District Court, W.D. Pennsylvania · 1949
- In re K. Marks & Co.Court of Appeals for the Second Circuit · 1914
- In Re StridacchioDistrict Court, D. New Jersey · 1952
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