Legal Opinion

Schwartz v. A. J. Armstrong Co., Inc

Court of Appeals for the Second Circuit

Decided January 30, 1950No. 21546_1PublishedCited by 4 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

On July 30, 1947, Floradora Shoe Corporation transferred all its assets to Vanity Fair Shoe Corporation in consideration of the assumption by Vanity of Floradora’s liabilities. The transfer was made without notice to the creditors of Floradora, and without complying with the so-called Bulk Sales Act of the State of New York. See New York Personal Property Law, McKinney’s Consol. Laws, c. 41, § 44. 1

On November 18, 1947, at a time when Vanity was insolvent, and within four months of the filing against it of an involuntary petition in bankruptcy, Armstrong…

2Cases cited2 opinions

  1. City of New York v. JohnsonCourt of Appeals for the Second Circuit · 1943
  2. In re Vanity Fair Shoe Corp.District Court, S.D. New York · 1949

3Cited by4 opinions

  1. Gabbe v. Kleban Drug Corp.New York Supreme Court · 1957
  2. In Re Gruber Industries, Inc.District Court, E.D. New York · 1972
  3. In re Central Metallic Casket Co.District Court, E.D. Wisconsin · 1959
  4. Schiff v. Alvee Sportswear Co.Appellate Division of the Supreme Court of the State of New York · 1951

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