Legal Opinion

Roth v. Fabrikant Bros.

Court of Appeals for the Second Circuit

Decided July 7, 1949No. 224, Docket 21284PublishedCited by 32 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff as trustee in bankruptcy o-f Paul E. Flato appeals from a judgment of $13,000 in his favor because it is inadequate. The judgment of $13,000 is based on a verdict for $7,700 on the first cause of action of the plaintiff against the defendant termed the “fraudulent transfer” action, and for $5,300 on the. second cause of action termed the “preference” action. The defendant appeals from the judgment on the ground that there was insufficient evidence for the case to be submitted to the jury. We think that the judgment was right and must be affirmed,…

2Cases cited5 opinions

  1. Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
  2. Smyth v. KaufmanCourt of Appeals for the Second Circuit · 1940
  3. Gardner v. Mid-Continent Grain Co.Court of Appeals for the Eighth Circuit · 1948
  4. McDougal v. Central Union Conference Ass'n of Seventh Day AdventistsCourt of Appeals for the Tenth Circuit · 1940
  5. Levy v. Weinberg & Holman, Inc.Court of Appeals for the Second Circuit · 1927

3Cited by32 opinions

  1. Robert Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc. v. Watts Detective Agency, Inc., Daniel Sullivan, Billy R. OtteCourt of Appeals for the First Circuit · 1982
  2. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  3. Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
  4. Merril v. Dietz (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
  5. American Property Services, Inc. v. BarringerSouth Dakota Supreme Court · 1977

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