Legal Opinion

Brookheim v. Greenbaum

District Court, S.D. New York

Decided December 12, 1912PublishedCited by 10 opinions

In Equity. Suits by Charles I,. Brookheim, trustee in bankruptcy of Justus H. Garthe, against Leo Greenbaum and against John Harms.

1Opinion of the Court

LEARNED HAND, District Judge.

This is a suit in equity by the trustee in bankruptcy of one Justus H. Garthe against Leo Greenbaum, and another suit against John Harms. Each suit is to recover a payment made a few weeks before the bankruptcy by the bankrupt to the defendant in the case, upon the theory that he had reasonable cause to believe that the bankrupt was insolvent.

[1J The trustee has proved beyond any controversy, to my satis*636faction, that the bankrupt at the time the payments were made was insolvent, and. for that matter, although it is immaterial in the case, that he knew he was…

2Cases cited5 opinions

  1. Grant v. National BankSupreme Court of the United States · 1878
  2. Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
  3. J. W. Butler Paper Co. v. GoembelCourt of Appeals for the Seventh Circuit · 1905
  4. In re GoodhileDistrict Court, N.D. Iowa · 1904
  5. Sharpe v. AllenderCourt of Appeals for the Third Circuit · 1909

3Cited by10 opinions

  1. Cusick v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1940
  2. Cumberland Portland Cement Co. v. Reconstruction Finance Corp.District Court, E.D. Tennessee · 1953
  3. Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
  4. Dinkelspiel v. WeaverDistrict Court, W.D. Arkansas · 1953
  5. Cate v. Certainteed Products Corp.California Supreme Court · 1943

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