AULICK v. LARGENT

No. 8240.

295 F.2d 41 (1961)

Mary K. AULICK, Appellant and Cross-Appellee, v. Flournoy L. LARGENT, Jr., Trustee for Ansel B. Solenberger, Bankrupt, Appellee and Cross-Appellant, v. Eldridge M. LEMLEY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 2, 1961.


Attorney(s) appearing for the Case

David G. Simpson and Thomas G. Scully, Winchester, Va. (Scully & Woltz, Winchester, Va., on the brief), for appellant and cross-appellee.

Flournoy L. Largent, Jr., Winchester, Va., for appellee and cross-appellant.

George G. Snarr, Jr., Winchester, Va. (Joseph A. Massie, Jr., Winchester, Va., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.


BOREMAN, Circuit Judge.

The District Court, reviewing and affirming the findings and conclusions of the referee in bankruptcy, held that a transfer of shares of corporate stock to one Eldridge M. Lemley by an insolvent, within four months prior to bankruptcy, as security for the contemporaneous endorsement by Lemley of insolvent debtor's note payable to Lemley and delivered to a creditor, Mrs. Mary K. Aulick, in satisfaction of a debt then due her from the insolvent...

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