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In re the Assignment for the Benefit of Creditors of Steinbrook Pharmacy, Inc.

250 A.D. 862 Court N.Y. App. Div. Decision date 1937-04-16 English

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p. 862
In the Matter of the Assignment for the Benefit of Creditors of Steinbrook Pharmacy, Inc., Assignor, to Samuel Schulman, Assignee, Appellant; U. S. Slicing Machine Company, Respondent.

Order directing the assignee for the benefit of creditors to turn over to the U. S. Slicing Machine Company a certain U. S. slicer, or, in the alternative, to pay to the company the sum of $157.50, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, without prejudice to the making of a new

p. 863
motion on proper papers. The record shows that the machine did not come into the possession of the assignee. Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ., concur.