Taylor

This is an appeal from a judgment of the district court, based on a verdict of a jury, in a plenary action by the trustee of a corporation, adjudicated a bankrupt in another proceeding, against appellant, the general manager of the corporation.

The complaint had two counts. The first charged a preference in the payment to appellant of $3,970 within four months of the adjudication, in violation of Section 60b of the Bankruptcy Act of July 1, 1898, 11 U.S.C. § 96 (b), 11 U.S.C.A. § 96 (b). On this count, under direction of the court, the jury brought a verdict for appellant.

The second count, conferring federal jurisdiction because under Section 67e of the Bankruptcy Act of July 1, 1898, as amended by Act of February 5, 1903, c. 487, § 16, 32 Stat. 800 , 11 U.S.C. § 107 (e), 11 U.S.C.A. § 107 (e), and praying solely for a money judgment, alleges the receipt of the money by defendant and demand for and refusal of payment. It also alleges the adjudication in bankruptcy, the payment to appellant of the corporation’s moneys within four months prior to the adjudication, and specifically: “That said corporation, bankrupt, was not then and there indebted to defendant in said sum of…