MacIntyre v. State Bank
New York Court of Appeals
1Per curiam
The judgment should be affirmed insofar as it directs recovery by assignees for the benefit of creditors of preferential payments made to defendant in liquidation of an indebtedness contrary to section 15 of the Stock Corporation Law. That section says nothing about recovery of interest, which has been allowed from January 17, 1949, the date of the last preferential payment. The object of section 15 of the Stock Corporation Law is to aid in the equitable distribution of an insolvent debtor’s assets among creditors, and, in order to accomplish this result, it is held that there is an equitable…
2Cases cited9 opinions
- Kaufman v. TredwaySupreme Court of the United States · 1904
- Elliotte v. American Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1927
- Waite v. Second Nat. BankCourt of Appeals for the Seventh Circuit · 1948
- Levy v. Weinberg & Holman, Inc.Court of Appeals for the Second Circuit · 1927
- Wilson v. Mitchell-Woodbury Co.Massachusetts Supreme Judicial Court · 1913
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3Cited by6 opinions
- Stein v. CommissionerUnited States Tax Court · 1962
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- In Re Sabre Shipping CorporationDistrict Court, S.D. New York · 1969
- Julius Ruderman v. United StatesCourt of Appeals for the Second Circuit · 1966
- Biscayne-Gallowhur Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 1962
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