
    William K. Mott, as Trustee in Bankruptcy of McLoughlin & Savage, Inc., Respondent, v. Lee R. Reeves, Appellant.
    
      Bankruptcy — bulk sales — action by trustee in bankruptcy to recover from purchaser value of property of bankrupt sold in bulk in violation of section 44 of Personal Property Law.
    
    
      Mott v. Reeves, 217 App. Div. 718, affirmed.
    (Argued October 13, 1927;
    decided October 28, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 18, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought by the trustee in bankruptcy, under section 44 of the Personal Property Law, commonly known as the “ Bulk Sales Law,” to compel the defendant to account for certain property purchased from McLoughlin & Savage, Inc., before their bankruptcy and to recover the alleged value thereof. The defenses interposed were: First, that the plaintiff had no capacity to sue; second, that the transaction in question was not a sale in bulk within the meaning of the statute; and third, that the property purchased was not merchandise within the meaning of the law.
    
      George W. Beeves for appellant.
    
      Arthur L. Chapman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  