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IRVING TRUST CO. v. TOWNSEND

No. 361.

65 F.2d 406 (1933)

IRVING TRUST CO. v. TOWNSEND et al.

Circuit Court of Appeals, Second Circuit.

May 29, 1933.

Attorney(s) appearing for the Case

Charles Dickerman Williams, of New York City, for plaintiff-appellant.

Barker, Perrigo & Bonygne, of New York City (Robert J. Sykes, of New York City, of counsel), for defendant-appellee Whist.

Maass & Davidson, of New York City (Wilbur C. Davidson, of New York City, of counsel), for defendant-appellee William W. Townsend.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff as trustee in bankruptcy of W. W. Townsend & Co., Inc., sued the defendants to recover $5,000 claimed to have been transferred in fraud of creditors, or, at least, under circumstances which amounted to a voidable preference.

The bankrupt corporation was, in 1929, doing business in New York City in selling securities. William W. Townsend, one of the defendants, was its president and owned 30 per cent. of its stock. The...

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