Retsloff

Strictly speaking, no question of law is involved, and the issues of fact may be briefly explained. For some time prior to June 18,1928, Gilbert S. Gordon ran a small gasoline station at Sam Diego, Cal., and in connection therewith sold automobile tires and other supplies.. On the date mentioned he was adjudicated a voluntary bankrupt. From time to time he had made purchases on eredit from the appellant, a wholesale tire dealer, and at the time of the adjudication he was indebted to it on that account in the sum of $9;938.54. For this amount it presented to the trustee in bankruptcy a claim in due form, which, after hearing, was disallowed upon the ground that claimant was chargeable with having received a preference. It is conceded that on April 18, 1928, appellant took over from Gordon automobile tires for which eredit was given him in the amount of $2,546.84 on his open account, which then exceeded $11,999. For some time Gordon had been,ill, his business was in a failing condition, and for a considerable period he had been unable to meet his overdue obligations. It is not controverted that in fact the transaction effected a preference.

In the court below, as here, there were…