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SAPER v. EMERSON-NEW YORK

95 F.Supp. 980 (1951)

SAPER v. EMERSON-NEW YORK, Inc.

United States District Court S. D. New York.

February 26, 1951.

Attorney(s) appearing for the Case

I. Arnold Ross, New York City, for plaintiff.

Gerdes & Montgomery, New York City, W. R. Montgomery and M. Monroe, New York City, of counsel, for defendant.

S. H. KAUFMAN, District Judge.

Plaintiff, a trustee in bankruptcy, sues to set aside alleged preferential payments by the bankrupt to defendant. There has been referred to this Court, for separate trial in advance of the hearing on the merits of plaintiff's claim, a defense to the effect that plaintiff is without capacity to sue because he is trustee of Charles Bond, individually, whereas the payments involved, it is alleged...

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