Voltz v. Peppas

WEST, District Judge.

Suit in equity by trustee in bankruptcy to recover a preference, in which the defendant counterclaims for $3,140. Taking up the defendant’s counterclaim first: As executor of one Leras, he loaned some $5,22-5 to the bankrupt company of which company he was president. These moneys were turned over by him in January, March, April, August, and $100 in September, 1931, and the petition in bankruptcy was filed on February 10, 1932. These loans or advances were from funds of the estate of which the defendant was executor, and were made without any warrant or authority. The…