Legal Opinion
Joseph J. Ricotta, as Trustee of L. E. Kimball Construction Co., .Inc., Bankrupt v. Burns Coal & Building Supply Company
Court of Appeals for the Second Circuit
Decided March 16, 1959No. 144, Docket 25280PublishedCited by 30 opinions
1Opinion of the Court
CLARK, Chief Judge.
Defendant appeals from a judgment, D.C.W.D.N.Y., 162 F.Supp. 214, setting aside as voidable preferences payments totaling $11,863.46 received by it from a bankrupt, of whose estate plaintiff is trustee. Defendant received these payments and an additional $8,979.98, which the trustee did not seek to recover below, within four months of bankruptcy for building materials furnished the bankrupt. The $11,863.46 was for materials delivered prior to four months of bankruptcy, and the balance for later deliveries ; all were for goods sold on credit.
It is conceded, that at the time…
2Cases cited6 opinions
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
- Bachner v. RobinsonCourt of Appeals for the Second Circuit · 1939
- In re Lynn Camp Coal Co.U.S. Circuit Court for the District of Kentucky · 1908
- Perkins v. Lakeport National BankDistrict Court, D. New Hampshire · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- 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
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
- Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
- Cimmaron Oil Co., Inc. v. Cameron Consultants, Inc.District Court, N.D. Texas · 1987
- In Re Pameco Corp.United States Bankruptcy Court, S.D. New York · 2006
25 more not listed; retrieve them via the Exa API.