Whiting v. Rubinstein

The receiver of Suryan’s Inc., a corporation, brought this action to recover the value of canned salmon alleged to have been received by defendants as preferred creditors of Suryan’s Inc., an insolvent corporation.

The complaint contained allegations to the effect that Suryan’s was a corporation; that it had been insolvent since the beginning of the year 1938; and that plaintiff was the receiver of the insolvent corporation.

It was further alleged that:

“Prior to July 31, 1938, Suryan’s Inc., a corporation, was indebted to the defendants, Carl Rubinstein and Eliezer Caraco, copartners doing…