GELBMAN v. CANTON NATIONAL BANK

Civ. A. No. 31353.

150 F.Supp. 804 (1957)

Louis GELBMAN, as Trustee of the Estate of Kiddie Korrell Shoppe, Inc., Bankrupt, Plaintiff, v. The CANTON NATIONAL BANK, Defendant.

United States District Court N. D. Ohio, E. D.

May 10, 1957.


Attorney(s) appearing for the Case

Murray A. Nadler, Youngstown, Ohio, for plaintiff.

Edgar W. Jones, C. A. Morgan, Jr., Amerman, McHenry, Jones & Morgan, Canton, Ohio, for defendant.


WEICK, District Judge.

This action was brought by the trustee in bankruptcy to set aside an alleged preferential transfer made within four months of bankruptcy, which consisted of a payment of $6,000 made by the debtor to the Canton National Bank on an unsecured promissory note.

The parties are in agreement that the only questions to be determined by the Court are:

(1) Was the debtor insolvent on the date of payment, namely, on September 15, 1953?...

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