Legal Opinion

Margolis v. GEM Factors Corp.

Court of Appeals for the Second Circuit

Decided February 4, 1953No. 143, Docket 22542PublishedCited by 17 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The trustee in bankruptcy of Bri-Test Inc. brought this action in the district court to recover an allegedly preferential payment of $21,000 made to defendant by the bankrupt within four months of the filing of its Chapter XI, 11 U.S.C. § 701 et seq., petition. The amended complaint set forth two causes of action, the first to recover the preference under § 60 of the Bankruptcy Act, Í1 U.S.C. § 96, and the second for the same relief under § 15 of the N. Y. Stock Corporation Law, McK.Consol. Laws, c. 59, applicable under Bankruptcy Act § 70, 11 U.S.C. § 110. Defendant’s…

2Cases cited7 opinions

  1. Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
  2. Pender v. Chatham Phenix Nat. Bank & Trust Co.Court of Appeals for the Second Circuit · 1932
  3. Dalziel v. RosenfeldNew York Court of Appeals · 1934
  4. Beecroft v. Great Northern Railway Co.Supreme Court of the United States · 1916
  5. Baker v. EmersonAppellate Division of the Supreme Court of the State of New York · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1966
  2. Joseph Braunstein, Trustee, Etc. v. Massachusetts Bank & Trust CompanyCourt of Appeals for the First Circuit · 1971
  3. Bernstein v. Alpha Associates, Inc. (In Re Frigitemp Corp.)District Court, S.D. New York · 1983
  4. In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
  5. Leonard Mizell v. H. A. Phillips, as Trustee of the Estate of J. Sam Muckleroy, BankruptCourt of Appeals for the Fifth Circuit · 1957

12 more not listed; retrieve them via the Exa API.

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