HOUDAILLE-DUVAL-WRIGHT CO. v. CONGDON

No. 69-457.

237 So.2d 305 (1970)

HOUDAILLE-DUVAL-WRIGHT CO., a Division of Houdaille Industries, Inc., Appellant, v. A.C. CONGDON, As Trustee in Bankruptcy of Bill Radcliff & Co., Inc., Bankrupt, Appellee.

District Court of Appeal of Florida, Second District.

Rehearings Denied August 3, 1970.


Attorney(s) appearing for the Case

John R. Bush, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Bruce Marger, of Goldner, Marger, Davis & Rightmyer, P.A., St. Petersburg, for appellee.


McNULTY, Judge.

This is an action filed by a trustee in bankruptcy, pursuant to § 70(e) of the Bankruptcy Act,1 to recover monies paid, it is alleged, from a "preferred creditor." Final summary judgment was entered in favor of the trustee and the creditor appeals. We reverse.

It undisputedly appears that the bankrupt was a corporation engaged as a general construction contractor; and, while insolvency was imminent in December...

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