Opinion · Appellate Division of the Supreme Court of the State of New York
Dyer v. Kratzenstein
Dyer v. Kratzenstein, 92 N.Y.S. 1012 (Appellate Division of the Supreme Court of the State of New York 1905)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1905-04-07
- Topic
- bankruptcy
INGRAHAM, J. I dissent. The cause of action is to recover from the defendants a sum of money which they had received as a preference, and which, by section 60b of the bankrupt law (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp.
Citator
UpLaw has not yet analyzed Dyer v. Kratzenstein. The absence of a flag is not a finding that it is good law.
I dissent. The cause of action is to recover from the defendants a sum of money which they had received as a preference, and which, by section 60b of the bankrupt law (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]), the trustee in bankruptcy is authorized to recover from the person receiving it. The action does not seek -to set aside the assignment, and no such relief is necessary to enable the trustee to recover the amount paid as a preference. The assignee of the bankrupt is not a party, nor is any relief asked against him. The bankrupt law gives to the trustee a cause of action against any one who has received a preference from the bankrupt within four months before the petition is filed to recover the property or its value. If a creditor has received a portion of the bankrupt’s property as a preference, the trustee can recover that property or its value from the creditor who has received it; and that cause of action is, I think, an action at law, of which the City Court had jurisdiction.