Campanella v. Liebowitz

DAVIS, Circuit Judge.

The appellee, trustee in bankruptcy, filed suit in the District Court against the appellants to recover as a preference the sum of $2,438.07 paid by the Peter Cassinelli Macaroni Company, bankrupt, to the appellants, within four months of bankruptcy.

The case was heard by a judge and jury. The jury returned a verdict -for the appellee. Judgment was entered thereon and Campanella et al. appealed.

Briefly, the undisputed facts indicate that on January 12, 1937, the appellants delivered to the bankrupt a carload of flour. In payment they received a thirty day note for…