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IRVING TRUST CO. v. BANK OF AMERICA NAT. ASS'N

3 F.Supp. 103 (1933)

IRVING TRUST CO. v. BANK OF AMERICA NAT. ASS'N.

District Court, S. D. New York.

April 11, 1933.

Attorney(s) appearing for the Case

Morris, Plante & Saxe, of New York City (David S. Elkins, of New York City, of counsel), for plaintiff.

Zalkin & Cohen, of New York City (Moses Cohen, Nathan Coplan, and Israel Akselrod, all of New York City, of counsel), for defendant.

FRANK J. COLEMAN, District Judge.

The question presented is whether a voidable preference was created in favor of the defendant bank by the repayment of a day loan which had been made to the bankrupt on the same day, which was the day before the petition in bankruptcy was filed. The bankrupt, Broomhall, Killough & Co., Inc., was a dealer in securities and had a long standing arrangement with the defendant in relation to day loans. These were applied for each morning...

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