Winters v. Municipal Capital Corp.

CAMPBELL, District Judge.

This is an action brought by the. Trustee in bankruptcy in Equity to set aside an alleged fraudulent transfer of property claimed to have been made by the bankrupt to the defendant in violation of Sections 67e and 70e of the Bankruptcy Act, 11 U.S.C.A. §§ 107(e), 110(e), and under Article 10 of the Debtor and Creditor Law of the State of New York (Consol.Laws, c. 12).

The first cause of action, in substance, alleges that by reason of the failure of the defendant to file the Chattel Mortgage given to the defendant by the bankrupt in the Borough of Brooklyn, City of New…