U.S. Court of Appeals for the Fifth Circuit, 1917

Rotan Grocery Co. v. West

Rotan Grocery Co. v. West
U.S. Court of Appeals for the Fifth Circuit · Decided December 15, 1917 · Batts, Foster, Warker
246 F. 685; 158 C.C.A. 641; 1917 U.S. App. LEXIS 1399

Rotan Grocery Co. v. West

Opinion of the Court

PER CURIAM.

We are of opinion that tire evidence adduced well supported the conclusions that the transfer made by the bankrupt to the appellant a few days before the petition in bankruptcy was filed was a payment on an account which then no longer was an open one, and was made under such circumstances as to constitute it an illegal preference, with the result that the appellant was not entitled to have what was owing to -it from the bankrupt set off against the payment so made.. Mechanics’ Bank v. Ernst, 231 U. S. 60, 34 Sup. Ct. 22, 58 L. Ed. 121. The complaint against the decree appealed from is not sustainable.

That decree is affirmed.

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