Healy

This suit was brought by the trustee of the estate of one H. J. Martin, a bankrupt, to recover certain money alleged to have been received by the appellee (who was defendant in the court below) from his debtor, Martin, while insolvent, on the 4th day of March, 1913, contrary to the provisions of section 60b of the Bankruptcy Act, which provides;

Martin filed his voluntary petition in bankruptcy on the 25th day of March, 1913, and was on the same day adjudged a bankrupt. The present suit was brought by direction of the bankruptcy court, and resulted after trial in a judgment dismissing the suit, with costs to the defendant, from which judgment this appeal comes; the sole con *688 tention of the appellant being that upon the evidence judgment should have been awarded the plaintiff.

The respective parties are agreed that four elements are necessary to constitute a voidable preference: First, the debtor must have been insolvent at the time of the making of the transfer of his property; second, the transaction must have taken place within four months prior to the commencement of the bankruptcy proceeding; third, the effect of the transfer must have been to give the preferred creditor…