McCluer v. Heim-Overly Realty Co.

STONE, Circuit Judge.

The' W. C. Mullins 'Construction Company was adjudicated a bankrupt, Januaiy 20, 1928, on an involuntary petition, filed tlm day before. The trustee brought this suit against appellee to recover $54,177.50, with interest from November 9, 1927, claiming that the collection of that amount on the above date by appellee constituted an unlawful preference. Jury was waived, the court made findings of fact and stated conclusions of law upon which a judgment was entered for appellee. Erom that judgment this appeal.

This litigation has been strenuously contested on both sides. One…