Legal Opinion

Brookheim v. Greenbaum

Court of Appeals for the Second Circuit

Decided June 8, 1915No. 245PublishedCited by 15 opinions

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

  1. Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907

3Cited by15 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. Bijur Motor Lighting Co. v. Eclipse Mach. Co.Court of Appeals for the Second Circuit · 1917
  3. Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
  4. Dinkelspiel v. WeaverDistrict Court, W.D. Arkansas · 1953
  5. Road Improvement Dist. No. 2 v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1921

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