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Morris v. Deutz Lithographing Co.

84 N.Y.S. 1136 Court N.Y. App. Term Decision date 1903-06-22 English

Delivered by MacLEAN, J.

Contents

Majority

p. 1136
MORRIS, Appellant, v. DEUTZ LITHOGRAPHING CO., Respondent.
(Supreme Court, Appellate Term.
June 22, 1903.)

Headnote

Action by Robert C. Morris, trustee in bankruptcy of the American Bread Company, against the Deutz Lithographing Company. From a judgment for defendant on the dismissal of the complaint, plaintiff appeals. Affirmed.
Joseph A. Arnold, for appellant. Clarence E. Thornall, for respondent.

Failing of proof that the defendant knew or had reasonable cause to know of the insolvency of the American Bread Company, or of any intendment to suffer judgment and so create a preference obnoxious to the provisions of the bankruptcy law, the complaint was properly dismissed, and judgment entered thereon must be affirmed, with costs. Judgment affirmed, with costs. All concur.