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Saperston v. National Bond and Investment Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1927
219 App. Div. 761 (N.Y. App. Div. 1927)

Opinion

January, 1927.

Present — Hubbs, P.J., Clark, Sears, Crouch and Taylor, JJ.


Judgment and order reversed on the law and facts, with costs, and judgment directed in favor of plaintiff for $5,686.55, with interest from July 29, 1925, with costs, upon the ground that the finding that the defendant did not have reasonable ground to believe that the Woodward Motor Company, Inc., was insolvent at the time the bill of sale in question was made, and that defendant did not have reasonable ground to believe that the enforcement of the transfer would effect a preference in violation of subdivision "b" of section 60 of the National Bankruptcy Act, is contrary to and against the weight of the evidence, and the property transferred by the bill of sale was not the money or traceable to the money stolen. All concur.

See 30 U.S. Stat. at Large, 562, § 60, subd. b, as amd. by 36 id. 842, § 11; now United States Code, tit. 11, § 96, subd. b. — [REP.


Summaries of

Saperston v. National Bond and Investment Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1927
219 App. Div. 761 (N.Y. App. Div. 1927)
Case details for

Saperston v. National Bond and Investment Company

Case Details

Full title:HOWARD T. SAPERSTON, as Trustee in Bankruptcy of WOODWARD MOTOR COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 1, 1927

Citations

219 App. Div. 761 (N.Y. App. Div. 1927)