In re Perlhefter
District Court, S.D. New York
In the matter of bankruptcy proceedings against John R. Perlhefter and Barnett Shatz, individually and as composing the firm of Perlhefter & Shatz. On motion to confirm a master’s report, adjudging the firm and individual partners bankrupts. This case comes up upon motion to confirm the report of the special master, to whom was referred the petition to adjudicate the respondents bankrupts, both individually and as constituíing the firm of Perlhefter & Shatz.
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In the matter of bankruptcy proceedings against John R. Perlhefter and Barnett Shatz, individually and as composing the firm of Perlhefter & Shatz. On motion to confirm a master’s report, adjudging the firm and individual partners bankrupts. This case comes up upon motion to confirm the report of the special master, to whom was referred the petition to adjudicate the respondents bankrupts, both individually and as constituíing the firm of Perlhefter & Shatz. The petition was brought by the Broadway Trust Company, and the Twenty-Third Ward Bank ol' the City of New York, on the 22d day of…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). I think that the payment to Heidelberg of $200 in September, 1908, was a preferential payment; the firm being at that time concededly insolvent. It is said that the payment is so small that it cannot be inferred that there was any intention to prefer one creditor over the other. The size of the payment makes no .difference if the requisite intent existed, but it does make a difference in determining whether or not the intent did exist. The circumstances of this payment, however, were such as lead me to agree with the master that in spite of its size the…
2Cases cited23 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Case v. BeauregardSupreme Court of the United States · 1879
- Southard v. . BennerNew York Court of Appeals · 1878
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Skilton v. . CodingtonNew York Court of Appeals · 1906
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3Cited by13 opinions
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1938
- Louisiana Industrial Coatings, Inc. v. Pertuit (In Re Louisiana Industrial Coatings, Inc.)United States Bankruptcy Court, E.D. Louisiana · 1983
- In re E. T. Russell Co.District Court, D. Massachusetts · 1923
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