Brookheim v. Greenbaum
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree of the District Court for the Southern District of New York which dismissed the complaint filed by the trustee in bankruptcy of Justus H. Gaithe against Leo Greenbaum to set aside an alleged fraudulent preference of $1,200, being a payment made by the bankrupt on or about February 4, 1911. Tf(e bankrupt filed a petition in bankruptcy February 16, 1911.
1Opinion of the Court
COXE, Circuit Judge.
The facts are all stated by Judge Learned Hand in his opinion and need not be repeated here. The situation is somewhat sui generis in the fact that the bankrupt, Garthe, who was a butcher and dealer in sausages, did a large business during the time in question and was most of the time in financial difficulties owing to the slipshod manner in which he transacted his business. He kept no complete books, was always borrowing and requesting Greenbaum to indorse his checks, so that he could get them cashed. He was continually complaining of poor collections but managed to keep…
2Cases cited1 opinion
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
3Cited by15 opinions
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- Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
- Dinkelspiel v. WeaverDistrict Court, W.D. Arkansas · 1953
- Road Improvement Dist. No. 2 v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1921
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