Irving Trust Co. v. Mann

PATTERSON, District Judge.'

The action is by the trustee in bankruptcy of Samuel Mann and Frank Mann, partners trading as Peerless Manufacturing & Supply Company. The complaint is in two counts, the first charging that the bankrupt firm made a preferential transfer of merchandise to the defendants, the second charging that the same transaction was made in fraud of creditors. The action is at law, and it was stipulated in open court that the case be tried without a jury.

An involuntary petition in bankruptcy was filed on December 14,1931. It had been preceded by an assignment for the benefit of…