Legal Opinion
Wolcott v. Commercial Inv. Trust, Inc.
District Court, S.D. New York
Decided June 5, 1934PublishedCited by 4 opinions
1Opinion of the Court
PATTERSON, District Judge.
The motion is by the plaintiff to strike from the defendant’s answer three affirmative defenses as insufficient on their face. The action is one at law by the trustee in bankruptcy of Gas Engine & Boat Corporation, of Norfolk, Va., to recover an alleged voidable preference. In addition to the pleadings, there is a stipulation of facts to be considered in determining the sufficiency of the three defenses.
The complaint alleges that a certain assignment made by the bankrupt to the defendant on March 11, 1931, covering a maritime lien for $3,879.72 owned by the bankrupt…
2Cases cited13 opinions
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Zartman v. First Nat. Bank of WaterlooSupreme Court of the United States · 1910
- The Emily SouderSupreme Court of the United States · 1873
- Loos v. . WilkinsonNew York Court of Appeals · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- In Re McCrory Stores CorporationDistrict Court, S.D. New York · 1935
- Chrystler v. Mersman Tables, Inc. (In Re Furniture Den, Inc.)United States Bankruptcy Court, W.D. Michigan · 1981
- Irving Sulmeyer, Etc. v. Miller Engineering Co.Court of Appeals for the Ninth Circuit · 1962