Drucker v. Chase

This is an action by a trustee in bankruptcy to recover moneys realized by a city marshal under an execution and sale. The plaintiff, on the trial, elected to base recovery upon the third cause of action. It alleges that the Star Stationery Company, while insolvent, suffered a judgment to be entered against it and in favor of the defendants Pollack and Schnitzer; and that the sale under the execution resulted in a preference to the defendants, which enabled them to obtain a greater percentage of their debt than any other creditors of the same class.

The evidence is overwhelming that, at the…