NEWTON v. NEW BEDFORD STORAGE WAREHOUSE CO.

No. 2384.

6 F.2d 93 (1925)

NEWTON v. NEW BEDFORD STORAGE WAREHOUSE CO.

District Court, D. Massachusetts.

May 11, 1925.


Attorney(s) appearing for the Case

Joseph Wiggin, of Boston, Mass., for plaintiff.

James F. Bacon, Cox & Bacon, Frederick C. Allen, and Allen & Smith, all of Boston, Mass., for defendant.


BREWSTER, District Judge.

This is an action at law to recover an alleged preference under section 60 of the Bankruptcy Act (Comp. St. § 9644).

The first six items of the account annexed to plaintiff's declaration represent transfers made to secure a loan made by the defendant to the bankrupt on the date of the transfer and were not given to secure a pre-existing indebtedness. The transfer of these items, therefore, does not fall within the terms of section...

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