Schiff v. Alvee Sportswear Co.

Although the counterclaim cannot be sustained on the theory that plaintiff Schiff’s lien became null and void by reason of subdivision a of section 67 of the Bankruptcy Act (U. S. Code, tit. 11, § 107, subd. [a]) because it attached within four months of the date when the petition in bankruptcy was filed, nevertheless it does state facts sufficient to constitute a cause of action for conversion. The defense also is sufficient. The *750denials, in the answer, of the allegations of the supplemental complaint as to lack of consideration and failure to give notice to creditors are, by virtue of rule…