Taylor v. Merrill

DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court, based on a verdict of a jury, in a plenary action by the trustee of a corporation, adjudicated a bankrupt in another proceeding, against appellant, the general manager of the corporation.

The complaint had two counts. The first charged a preference in the payment to appellant of $3,970 within four months of the adjudication, in violation of Section 60b of the Bankruptcy Act of July 1, 1898, 11 U.S.C. § 96(b), 11 U.S.C.A. § 96(b). On this count, under direction of the court, the jury brought a verdict for appellant.

Th…