Norberg

This is an appeal from a judgment of the District Court granting relief to the appellee, Paul Ryan, Trustee of the Estate of Brick O’Gold, who brought an action below to recover an alleged preference from the appellants, J. R. Norberg, and others, under 11 U.S.C.A. § 96 , subs, a and b. These provide:

“A preference is a transfer, as defined in this title, of any of the property of a debtor to or for the benefit of a creditor for or on account of an antecedent debt, made or suffered by such debtor while insolvent and within four months before the filing by or against him of the petition in bankruptcy, * * *.

“Any such preference may be avoided by the trustee if the creditor receiving it or to be benefited thereby or his agent acting with reference thereto has, at the time when' the transfer is made, reasonable cause to believe that the debtor is insolvent.”

On November 9, 1949, an involuntary petition in bankruptcy was filed against Brick O’Gold, a corporation, and on November 28, 1949, it was adjudicated a bankrupt. Within the four-month period immediately preceding the filing of the petition, viz. on September 12, 1949, Norberg caused a writ of attachment to be levied on…