BENDER v. GOLDMAN

No. 5960.

84 F.2d 391 (1936)

BENDER v. GOLDMAN.

Circuit Court of Appeals, Third Circuit.

May 28, 1936.


Attorney(s) appearing for the Case

George L. Reed, of Harrisburg, Pa., for appellant.

Thomas D. Caldwell and Caldwell, Fox & Stoner, all of Harrisburg, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

The question here involved is whether under the facts and pleadings it was incumbent upon the plaintiff to establish by a fair preponderance of evidence, first, that the bankrupts, both as a firm and as individuals, were insolvent at the time of the alleged preference; and, second, that the defendant knew, or had reasonable cause to believe, that the enforcement of the judgment would result in a preference.

From the proofs it appears...

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