Mulroney v. McIntyre

Holt, Justice.

Action by the trustee in bankruptcy of Martin O. Peterson, a voluntary bankrupt, to recover an alleged preference. Upon the pleadings and a stipulation of facts, the court made findings of fact and conclusion of law that the action be dismissed on the merits. Plaintiff’s motion for amended conclusion of law or a new trial was denied, and he appeals.

In substance the findings of fact are: December 24, 1937, Martin O. Peterson filed in the United States district court at Fort Dodge, Iowa, his petition in bankruptcy, and on the 27th of that month was adjudged a bankrupt; that on…