Trepp v. State National Bank

This is a suit to recover the amount of a payment made to defendant, which, it was alleged, constituted a preference over the other creditors of the bankrupt company.

The trustee, as plaintiff, had a verdict returned by nine jurors, for $8,718.33, the sum asked for. The primary assignment of error is founded on the contention that under the evidence plaintiff was not entitled to go to the jury. Errors are also assigned in the giving and refusal of certain instructions.

The payment in question was made on January 20, 1922. The petition in bankruptcy was filed on February 28, 1922, and the…