Schwartz v. Levine & Malin, Inc.

This action is to recover a preferential payment received by the defendant from the bankrupts in part payment of a debt. ■ The answer alleged that the money had not been received in payment of a debt, but for goods which had been delivered to the bankrupts on consignment The trustee then moved under Rule 56, Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, for summary judgment, which the judge granted upon the following showing. The defendant had filed with the trustee certain proofs of claim — whose nature does not definitely appear — which the trustee moved…