Legal Opinion

Jacobs v. Manufacturers Trust Co.

District Court, S.D. New York

Decided December 23, 1948No. 47-627Published

1Opinion of the Court

RYAN, District Judge.

Defendant moves to dismiss the “First Cause of Action” pleaded, on the ground that it is legally insufficient and fails to state a claim upon which relief can be granted. ‘

Plaintiff sues as statutory receiver of Distillers Factors Corporation, a New Jersey corporation, appointed by a final decree of the Chancery Court of the State of New Jersey.

*395The complaint setting forth this first claim, alleges that between February and June, 1947, while the corporation was insolvent or its insolvency imminent, it paid to defendant $149,164.08, with intent to prefer the defendant and…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
  4. King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
  5. Stoner v. New York Life InsuranceSupreme Court of the United States · 1941

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