Legal Opinion
Sharfman v. Tharpe & Co.
District Court, S.D. New York
Decided October 3, 1974No. 73 Civ. 2161Published
1Opinion of the Court
MEMORANDUM DECISION
GAGLIARDI, District Judge.
This is an action commenced by the Trustee in Bankruptcy of Gasoline Retailer, Inc. (“Bankrupt”) under section 60 of the Bankruptcy Act, 11 U.S.C. § 96, to recover payments totalling $5,000 made by the bankrupt to defendant Tharpe & Company on the ground that such payments constitute a voidable preference. Jurisdiction is provided by 11 U.S.C. §§ 96(b) and 1(10). For the reasons set forth below, judgment for the plaintiff is granted.
In May 1970 the bankrupt was in dire need of working capital and Ms. Sarah Salter, principal financial officer,…
2Cases cited7 opinions
- Ernst v. Mechanics' & Metals Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1912
- Grubb v. General Contract Purchase CorporationCourt of Appeals for the Second Circuit · 1938
- Mechanics' and Metals Nat. Bank of City of New York v. ErnstSupreme Court of the United States · 1913
- In Re Helms Veneer CorporationDistrict Court, W.D. Virginia · 1968
- Arnold M. Kravetz, as Trustee in Bankruptcy of M.F.C. Card, Inc. v. Joange Building Corp.Court of Appeals for the Second Circuit · 1965
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