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MIZELL v. PHILLIPS

No. 16233.

240 F.2d 738 (1957)

Leonard MIZELL, Appellant, v. H. A. PHILLIPS, as Trustee of the Estate of J. Sam Muckleroy, Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

January 18, 1957.

Attorney(s) appearing for the Case

Robert F. Peden, Jr., Bay City, Tex., Eli C. Mayfield, Palacios, Tex., M. U. S. Kjorlaug, Houston, Tex., of counsel, for appellant.

John C. Snodgrass, Houston, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., of counsel, for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

Involuntary bankruptcy proceedings resulted in J. Sam Muckleroy's being adjudicated a bankrupt on March 12, 1954. Appellee, as Trustee in Bankruptcy, brought this action under 11 U.S.C.A. § 96, subs. a, b [§ 60 of the Bankruptcy Act] to recover, as a voidable preference, the sum of $17,828.24 paid on an antecedent debt by the bankrupt to Mizell November 25, 1953. The jury, by special verdict in answer to interrogatories propunded...

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