Legal Opinion

Malone v. Bolstein

District Court, N.D. New York

Decided March 28, 1957No. Civ. 5187PublishedCited by 10 opinions

1Opinion of the Court

BRENNAN, Chief Judge.

This action involves the determination of the existence of a preference under the provisions of the Bankruptcy Act in the matter of the payment of $8,050 to the two defendants within a period of four months prior to an adjudication in bankruptcy. The facts are undisputed. They are set out below in narrative form.

On Jan. 29, 1951 the Little Falls Dairy Co., Inc. (hereinafter referred to as “Little Falls” or the “bankrupt”) entered into a written agreement with Gimpel Farms Inc. whereby Little Falls agreed to sell and deliver to Gimpel Farms, who agreed to purchase, four…

2Cases cited16 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Sexton v. Kessler & Co.Supreme Court of the United States · 1912
  3. Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
  4. Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
  5. Rockmore v. LehmanCourt of Appeals for the Second Circuit · 1942

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
  2. In Re Computer Engineering Associates, Inc., Debtor, Advanced Testing Technologies, Inc. v. John O. DesmondCourt of Appeals for the First Circuit · 2003
  3. Tabita v. Internal Revenue Service (In Re Tabita)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. Donald W. Maloney as Trustee in Bankruptcy of Eastern Footwear Corporation v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1959
  5. In the Matter of Law Research Service, Inc. v. Martin Lutz Appellate Printers, Inc.Court of Appeals for the Second Circuit · 1974

5 more not listed; retrieve them via the Exa API.

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