Moore

Plaintiff, as trustee in bankruptcy of the estate of Philip T. Davidson, sues the defendant to recover the sum of $250, alleged to have been paid to defendant by the bankrupt at such times and in such manner as to constitute a voidable preference. The complaint avers the facts necessary to show a voidable preference, and then alleges that the defendant had filed his proof of debt with the referee in bankruptcy for the .sum remaining due him after deducting the $250 received; that the trustee had filed objections thereto on the ground that defendant had received a preference; that the said claim and objections came on regularly for hearing before .the referee; that evidence was introduced to sustain the issues thereby *688 made; and' that thereafter the referee rendered and filed his findings, judgment, and decree, the same being set out in full in the complaint. It appears therefrom that the defendant, in support of his claim before the referee, had introduced evidence in the form of a deposition, and that the referee, being fully advised, did find and adjudge that the payment to defendant of said $250 constituted a voidable preference, and that' the claim of defendant should…