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PRUDENTIAL INS. CO. OF AMERICA v. NELSON

No. 7454.

96 F.2d 487 (1938)

PRUDENTIAL INS. CO. OF AMERICA v. NELSON. In re CHICKAMAUGA TRUST CO.

Circuit Court of Appeals, Sixth Circuit.

May 3, 1938.

Attorney(s) appearing for the Case

J. B. Sizer, of Chattanooga, Tenn. (J. B. Sizer and Sizer, Chambliss & Kefauver, all of Chattanooga, Tenn., on the brief), for appellant.

Charles S. Coffey, of Chattanooga, Tenn. (Charles S. Coffey, of Chattanooga, Tenn., on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and WEST, District Judge.

SIMONS, Circuit Judge.

The trustee in bankruptcy of the Chickamauga Trust Company sued to recover from the appellant on the ground that it was a voidable preference, a sum of money paid to it by the bankrupt within four months of adjudication, in diminution of the bankrupt's estate while the bankrupt was insolvent and under circumstances giving rise to a reasonable belief that it would effect a preference. From a decree adjudging the payment to have been preferential...

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