Finan v. Finan's Trustee

Opinion op the Court by

Judge Clay

Affirming.

Thomas X. Dillon, trustee in bankruptcy of Edward J. Finan, brought this action against the bankrupt’s son, Edward M. Finan, to recover, among other things, the sum of $500, which it was alleged was paid to the defendant by the bankrupt in contemplation of bankruptcy, and with the design to prefer some of his creditors to others. The master commissioner, ,to whom the case was referred, reported that there was an utter failure of proof showing that the payment was a preference. On exceptions to the report, the court adjudged the payment a preference.…