Shapiro v. Royal Indemnity Co.

STEWART, District Judge.

Plaintiff, as trustee in bankruptcy, brings this action pursuant to §§ 60, sub. b, 70, sub. a(4) and 70, sub. e(2) of the Bankruptcy Act, 11 U.S.C. §§ 96, sub. b, 110, sub. a(4) and 110, sub. e(2), respectively, to recover a sum of money allegedly constituting a voidable preference under § 60 of the Bankruptcy Act. Defendant, prior to filing an answer, moved to dismiss the complaint on the ground that it fails to state a claim upon, which relief can be granted.

Although defendant asserts various reasons in support of its motion, they all involve the proposition that the…