Adler v. Greenfield

MANTON, Circuit Judge.

Appellant, a brother of the bankrupt, obtained a default judgment against him in December, 1932, for $1,089.70, but execution was not issued thereon until October 11, 1933, when a levy was made on the bankrupt’s only property, the contents and fixtures of his drugstore. The merchandise was sold, after advertisement’ at public auction, for $655 on October 17, 1933. The appellant became the purchaser. November 24,1933, the bankrupt filed his voluntary petition in bankruptcy. The trustee has sued successfully to recover $655, the value of the bankrupt’s assets, upon the…