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HOPPE v. RITTENHOUSE

No. 16330.

279 F.2d 3 (1960)

Charles E. HOPPE, Trustee of the Estate of Los Gatos Lumber Products, Inc., Bankrupt, Appellant, v. Emmet L. RITTENHOUSE, Appellee.

United States Court of Appeals Ninth Circuit.

May 26, 1960.

Attorney(s) appearing for the Case

Shapro & Rothschild, Arthur P. Shapro, Daniel Aronson, Jr., Burlingame, Cal., for appellant.

Emmet L. Rittenhouse, Santa Cruz, Cal., for appellee.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

The Trustee in Bankruptcy challenges as a voidable preference within the meaning of Section 60 of the Bankruptcy Act (11 U.S.C.A. § 96),1 a secured creditor's claim filed by the appellee, E. L. Rittenhouse, contending that the evidence as a matter of law establishes first, that the bankrupt was insolvent when it gave the security in question, a note and mortgage executed by the bankrupt on December 14, 1956...

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