Appling

This action was brought by the - plaintiff, as trustee of the estate of Frank Brueckner, a bankrupt, to recover money paid by the bankrupt to the defendant, within • four months before the filing of the petition in bankruptcy, in satisfaction of an antecedent debt. Judgment was entered in favor of the plaintiff and the defendant has appealed on the judgment-roll alone.

The only question raised by the appeal, although stated in various forms by appellant, is whether the case is governed by the provisions of sections 60a and 60b of the National,.Bankruptcy Act- or sections 3432 and 3451 of the Civil Code of this state. The court found that the payment referred to was made October 15, 1927, in satisfaction of a debt incurred in 1919, and that the petition in bankruptcy was filed November 2, 1927. The other facts found by the court show that the payment constitutes a preference under the provisions of section 60a of the Bankruptcy Act. Section 60b authorizes the trustee in bankruptcy to sue for the recovery of such a payment. Sections 3432 and 3451 provide, in substance, that a debtor, although insolvent, may pay one creditor in preference to another. That these sections of the Civil…