In re La Rosa
Court of Appeals for the Second Circuit
1Per curiam
It is sufficient to refer to Hyman v. Trow, etc., Co. (C. C. A.) 261 F. 991, In re Aarons & Co., 193 F. 646, 113 C. C. A. 514, and In re American, etc., Co., 173 F. 489, 97 C. C. A. 486, to show that either in bankruptcy or in an equity receivership the facts shown were whoHy insufficient to justify rescission. Petitioner showed nothing except that he had sold the goods in the ordinary course of trade, and did not even undertake to bear the burden of proof which under the cases cited lay upon him. Order reversed, with costs.
2Cases cited4 opinions
- In re American Knit Goods Mfg. Co.Court of Appeals for the Second Circuit · 1909
- In re Sol. Aarons & Co.Court of Appeals for the Second Circuit · 1912
- Hyman v. Trow Directory Printing & Bookbinding Co.Court of Appeals for the Second Circuit · 1919
- Fichtel v. BarthelU.S. Circuit Court for the District of Southern New York · 1909