301 F2d 315 New York Credit Men's Adjustment Bureau Inc v. Valbetro Factors Inc

301 F.2d 315

NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., as Trustee in Bankruptcy of Warburton Paint & Wall-paper Co., Inc., Plaintiff-Appellee,
v.
VALBETRO FACTORS, INC., Defendant-Appellant.

No. 285.

Docket 27283.

United States Court of Appeals Second Circuit.

Argued March 30, 1962.

Decided April 16, 1962.

Appeal from a judgment of the United States District Court for the Southern District of New York; Sidney Sugarman, Judge.

Defendant Valbetro Factors, Inc. appeals from a judgment against it after a non-jury trial in an action to recover the value of certain property of Warburton Paint & Wallpaper Co., Inc., Bankrupt, which had been transferred shortly prior to bankruptcy, resulting in an unlawful preference of the transferee over other creditors. Opinion below not reported.

Julius Zizmor, New York City, for plaintiff-appellee.

Lawrence C. Gutman, New York City (Raines & Gutman, New York City, on the brief), for defendant-appellant.

Before MEDINA, SMITH and HAYS, Circuit Judges.

PER CURIAM.

1

None of the findings below were, in our judgment, clearly erroneous. There was sufficient proof to support each of these findings. Moreover, we find no basis in the record for the charge that the amounts directed to be paid by appellant are in the nature of punitive damages.

2

Affirmed.