Brown Shoe Co. v. Carns

SANBORN, Circuit Judge.

The appellant challenges the sufficiency of the evidence to sustain a judgment rendered against it in an action at law brought by the appellee, the trustee in bankruptcy of E. A. Hilleary, to recover an alleged preferential payment made by the bankrupt within four months prior to his adjudication. In this opinion the appellant will be referred to as “the creditor”, the appellee as “the trustee”, and E. A. Hilleary as “the debtor.”

The debtor, a shoe merchant at Piqua and Xenia, Ohio, was adjudged a bankrupt on the 26th day of February, 1931, upon his voluntary petition.…