Sternberg v. Rubenstein

The ordinary course of trade and business of the bankrupt was the sale of shoes at retail. We think the sale of 1,294 pairs of shoes which represented at least one sixth of his stock on hand, in money value, constituted a sale “ in bulk ”, “ otherwise than in the ordinary course of trade and in the regular prosecution of said business ’ ’ within the language and intent of section 44 of the Personal Property Law. The definition of the words, “ in bulk ” in Feldstein v. Fusco (205 App. Div. 806) was adequate for the facts in that case but too narrow to be applied generally, or the intent and…