Snider v. England

374 F.2d 717 Archie SNIDER, individually and doing business as Snider Construction Co., Appellant, v. John M. ENGLAND, as Trustee of the Estate of Mahl Associates, Inc., a corporation, bankrupt, Appellee. No. 20981. United States Court of Appeals Ninth Circuit. March 1, 1967. John F. Taylor, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for appellant. Henry Cohen, Shapro, Anixter & Aronson, Burlingame, Cal., for appellee. Before POPE, MERRILL and DUNIWAY, Circuit Judges. POPE, Circuit Judge. 1 This action was brought by the above named Trustee in Bankruptcy to set aside an alleged voidable preference in favor of the appellant. Mahl Associates, Inc., pursuant to its voluntary petition in bankruptcy, was adjudicated a bankrupt on January 31, 1962. On December 1, 1961, the bankrupt paid to the appellant, its creditor, sums aggregating $15,668.68. The court set aside the transfers, entering judgment against the appellant. 2 Upon this appeal appellant asserts that there was insufficient evidence to support the court's findings and judgment that on December 1, 1961, when the said payments were made, the bankrupt was insolvent; and that at that time, appellant had reasonable…