Bostian v. Levich

JOHNSEN, Circuit Judge.

A trustee in bankruptcy seeks to recover, as preferences, the amounts of some checks totalling $6,204.26, issued by the bankrupt to his father-in-law within four months prior to bankruptcy, and an additional sum of $350 given to the father-in-law during the same period for application upon a note held by a local bank, which the father-in-law had signed with the bankrupt.

The trial judge, to whom the case was tried without a jury, found that the proceeds of the checks were not received in payment of antecedent credits or loans to the bankrupt, as the trustee contended,…