Stern v. Lone

This action was brought by the receiver of a food packing corporation to recover an alleged unlawful preference.

After hearing the evidence and the arguments of the attorneys, the trial judge orally announced that the action would be dismissed. Subsequently, plaintiff moved for judgment notwithstanding the oral decision, and, in the alternative, for a new trial. These motions were denied, findings of fact and conclusions of law were made, and a judgment entered dismissing the action, with prejudice. This appeal therefrom was thereupon duly taken and perfected.

On appeal, the appellant contends…