Oliver

Plaintiff sued and recovered judgment against the defendants for the sum of $538.49 in an action to recover a preference under the provisions of sections 60a and 60b of the National Bankruptcy Act (U. S. Comp. Stats., see. 9644). Plaintiff alleged and the court found that he was the duly appointed and acting trustee in bankruptcy of the Commercial Brass Foundry, a partnership; that the bankrupt owed the defendants, a partnership composed of the individuals named therein, the sum of $538.49 upon a general antecedent debt, and that during the four months preceding the filing of the petition in bankruptcy this debt was paid off by the delivery to the defendants of materials of equal value. In fact, materials in excess of the debt had been delivered, but on the 7th of April, 1921, a short time before the filing of the petition, a settlement was reached between the bankrupt and the defendants by their payment of the sum of $160 to the bankrupt. It also appeared that at the time of the transfer of these materials the bankrupt was badly involved with other creditors, a fact which was well known to the defendants, and that they had been warned of the condition of the bankrupt and that the…