Mooney

The defendant in error (hereinafter referred to as the plaintiff) brought this suit in his capacity as trustee in bankruptcy of the estate of William Bartholomew to recover from the plaintiff in error (hereinafter called the defendant) the sum of $1,764.25, upon the theory that the payment thereof to defendant constituted a voidable preference under sections 60a and 60b of the Bankruptcy Act (Comp. St. § 9644). Jury was duly waived, and after hearing the evidence the court gave plaintiff judgment for the full amount claimed.

The real controversy is over the construction and legal effect to be given to a set of facts in respeet to which the testimony is without substantial conflict. The defendant corporation is the owner of a large tract of land in Marin county, Cal., which it has subdivided, and leases mainly for dairying purposes. With each ranch it also furnished dairy stock for the use of the lessee, upon terms covered by the lease. Its leases run for the term of one year; but, unless the tenant turns out to be unsatisfactory, renewals are made from year to year as a matter of course. And in the ease of a satisfactory tenant, who for any reason desires to withdraw, it has been…