Brown v. American Trust Co.

ROCHE, District Judge.

Plaintiff, as Trustee of the Estate of Harold Jackson, Bankrupt, sues to recover $2,250 from defendant, American Trust Company, alleging that by repossessing an automobile of that value on July 24,1958, defendant thereby received a preference over other general unsecured creditors of said Bankrupt. Plaintiff now seeks to avoid the preference.

The facts are not disputed. The parties have entered into a Stipulation of Facts, dated February 1, 1960, which, together with two amendments dated June 21 and July 22, respectively, the court adopts. Essentially, the facts are…