In re Vallozza
District Court, D. New Jersey
In Bankruptcy. In the matter of the bankruptcy of Michele Vallozza and Nicola Di Giandomenico, individually and trading as the New York Clothing Company. On petition to review the referee’s order directing that Antonio Siracusa pay to the trustee the sum of $848.50, the value of goods, wares, and merchandise delivered by the bankrupts within four months preceding the filing of the petition in bankruptcy.
1Opinion of the Court
RFLLSTAB, District Judge.
The order under review was made in summary proceedings founded on a rule to show cause. Upon the return of the rule, Antonio Siracusa, the person against whom it was issued, excepted to the jurisdiction of the referee, insisting that he was an adverse claimant. He was a creditor of the bankrupts, and accepted goods, wares, and merchandise belonging to them in discharge *335of some of their indebtedness to him. His claim of right to such goods is of substance, and not a mere fictitious or colorable one.
The questions whether he obtained a preference in such transaction or…
2Cases cited3 opinions
- In re Walsh Bros.District Court, N.D. Iowa · 1908
- In re LummusDistrict Court, N.D. Georgia · 1913
- In re Franklin Suit & Skirt Co.District Court, E.D. Pennsylvania · 1912
3Cited by3 opinions
- Berliner v. Leung Din LumCourt of Appeals for the Second Circuit · 1939
- Plymouth County Trust Co. v. MacDonaldCourt of Appeals for the First Circuit · 1931
- Schaffer v. HughesCourt of Appeals for the Eighth Circuit · 1943