Cherry Etc. v. Union Nat. Bk.

Opinion by

Gawthrop, J.,

Defendant appeals from a judgment on a verdict for plaintiff in a suit in assumpsit brought against it by a trustee in bankruptcy to set aside a preference under the Bankrupt Act, ¡as amended in 1910, Section 60-B.

It was conceded at the trial that on April 29, 1924, Louis Mandel was insolvent and that on that day three of his notes, aggregating $6500, fell due at the Union National Bank, defendant; and that on April 30,1924, a petition in bankruptcy was filed against him. To prove the other facts necessary to make out its case plaintiff depended wholly upon the…