Stevens v. Bank of Manhattan Trust Co.

CAFF'EY, District Judge.

At the trial decision was reserved on the question whether the difference between approximately $43,000 deposited by the bankrupt with the defendant on April 25 and approximately $38,000 already paid over by the defendant to the bankruptcy trustees is recoverable in this suit. I think there are several reasons why it is not.(1) Checks or acceptances by the bankrupt, some dated as early as April 22, aggregating the difference, were presented to and paid by the defendant some time prior to the adjudication in bankruptcy. In the meantime there had been no injunction…