Boone v. Spagnuolo

Plaintiff, as trustee in bankruptcy of the bankrupt estate of John Caruso, brought this suit at law to recover from the defendant copartnership upwards of $1,000 which plaintiff alleges was paid to it by the bankrupt under such circumstances as to render it a preference and recoverable under the terms of the Federal bankruptcy act. 11 USCA, § 96. On trial before the circuit judge without a jury there was judgment for defendants. Plaintiff has appealed.

Section 60 of the Federal Bankruptcy Act, as amended (11 USCA, § 96), provides:

“(a) A person shall be deemed to have given a preference if,…