Shale v. Farmers Bank

The opinion of the court was delivered by

Porter, J.:

The trustee of a bankrupt sued to recover a sum of money paid to the defendant by the bankrupt, which the plaintiff claimed constituted a. preference under the bankrupt law. At the close of the-*650testimony the court directed a verdict for the plaintiff, which is the error complained of.

There was no real dispute as to the facts. Roy Summerfelt was indfebted to the bank on two promissory notes, aggregating $700.56. Neither of the notes was due. To secure one of them the bank had held for several months a chattel mortgage on his stock of…