MOTOR MART CO. v. HULL

No. 5420.

39 F.2d 903 (1930)

MOTOR MART CO. v. HULL.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

C. B. Zimmerman, of Springfield, Ohio (Zimmerman, Zimmerman & Zimmerman, of Springfield, Ohio, on the brief), for appellant.

A. J. Todd, of Springfield, Ohio (M. E. Spencer, of Springfield, Ohio, on the brief), for appellee.

Before DENISON, Circuit Judge, and COCHRAN and JONES, District Judges.


PER CURIAM.

This was a bill by a bankruptcy trustee, to recover a preferential payment. Defendant denied having had any reason to believe that its debtor was insolvent. That was the only issue. The burden was on the plaintiff. We can find no substantial proof supporting his allegation as to defendant's knowledge or reason to believe; there is suspicion, not proof.

There is proof tending to show, though not making clear, that the liability had been originally...

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