Legal Opinion

Scarborough v. Berkshire Fine Spinning Associates, Inc.

District Court, S.D. New York

Decided February 10, 1955PublishedCited by 7 opinions

1Opinion of the Court

DAWSON, District Judge.

This is a motion for summary judgment made by the defendant. The action is brought by a trustee in bankruptcy to recover from the defendant $94,660.89 as a preference.

The following facts seem to be substantially without dispute:

1. The amount of $94,660.89 was received by defendant as the purchase price for cloth which defendant sold to the bankrupt to be manufactured into handkerchiefs for sale by the bankrupt to the Army under a contract which the bankrupt had with the United States Government.

2. The bankrupt, whose place of business is in North Carolina, placed the…

2Cases cited12 opinions

  1. Foley Bros., Inc. v. FilardoSupreme Court of the United States · 1949
  2. Barnes v. AlexanderSupreme Court of the United States · 1914
  3. In re Interborough Consol. Corp.Court of Appeals for the Second Circuit · 1923
  4. In Re Italian Cook Oil Corp.Court of Appeals for the Third Circuit · 1951
  5. Filardo v. Foley Bros.New York Court of Appeals · 1948

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In Re Computer Engineering Associates, Inc., Debtor, Advanced Testing Technologies, Inc. v. John O. DesmondCourt of Appeals for the First Circuit · 2003
  2. Selby v. Ford Motor CompanyDistrict Court, E.D. Michigan · 1975
  3. Hauser v. Western Group Nurseries, Inc.District Court, S.D. New York · 1991
  4. Malone v. BolsteinDistrict Court, N.D. New York · 1957
  5. Otte v. Franklin National Bank of Franklin SquareDistrict Court, E.D. New York · 1959

2 more not listed; retrieve them via the Exa API.

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