Eppinger v. Allen

Lewis, J.,

The matter now before us by stipulation is a dispute between Harry Spivak, attaching creditor of A. Hofstein, and J. B. Marget, holder of the check given A., Hofstein in payment of his deposit account with the defunct bank. The facts are that a check, payable to Hof-stein in the sum of $147.24, was drawn by A. M. Greenfield, receiver, and sent to him. Hofstein, when he received the check, went to Marget and purchased some gold and was given cash for the balance. Marget deposited the check on Oct. 7, 1926, and on Oct. 8th an attachment was served on the receiver, in which Hofstein…