Legal Opinion
Foster v. Zellman
District Court, D. Massachusetts
Decided March 14, 1928No. 2870Published
1Opinion of the Court
BREWSTER, District Judge.
The plaintiff in tbe above-entitled action, as trustee in bankruptcy, brings on the law side of this court a suit to recover a preference resulting from the payment of money to a creditor within four months prior to bankruptcy.
The defendant moves to dismiss, on the ground that this court is without jurisdiction to entertain an action at law to recover a money preference.
The practice of resorting to the equity side of the court for the recovery of preferences is too firmly established in this district to admit- of question. Reed v. Guaranty Security Corp. (D. C.) 291…
2Cases cited8 opinions
- Warmath v. O'DanielCourt of Appeals for the Sixth Circuit · 1908
- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
- First State Bank v. SpencerCourt of Appeals for the Eighth Circuit · 1915
- Eyges v. Boylston Nat. BankDistrict Court, D. Massachusetts · 1923
- Reed v. Guaranty Security Corp.District Court, D. Massachusetts · 1923
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