Moore v. John H. Smith & Sons

• Decision Date: 08 April 1913
• Citation: Moore v. John H. Smith & Sons, 205 F. 431 (W.D. N.Y. 1913)
• Parties: MOORE v. JOHN H. SMITH & SONS et al.
• Court: U.S. District Court — Western District of New York

205 F. 431

MOORE v. JOHN H. SMITH & SONS et al.

United States District Court, W.D. New York.

April 8, 1913

Gordon F. Matthews, of Buffalo, N.Y., and W. C. Pentz, of Dubois Pa., for plaintiff.

Thomas E. Lawrence, of Buffalo, N.Y., for defendants.

HAZEL J.

It will suffice to state, in the main, my conclusions in this case. I find that the bankrupt, while insolvent, within four months before filing the petition in bankruptcy, procured, or suffered to be entered against him, in Clearfield county Pa., two judgments for the sums of $689.83 and $561.16, respectively, the first judgment being in favor of the defendants John H. Smith &amp Sons, and the second in favor of the defendants Dories & Co. that a few days afterwards a sheriff's sale was had under said judgments, at which the stock of goods of the bankrupt was bid in and sold for the benefit of the judgment creditors; that by the recovery of such judgments the defendants received preferences, which they had reasonable cause to believe were intended as preferences. Section 60b of the Bankruptcy Act, before amendment (Act July 1, 1898, c. 541, 30 Stat. 562 (U.S. Comp. St. 1901, p. 3445)). The trustee in this action is entitled to a decree avoiding such preferences, and to the value of the stock of goods sold at sheriff's sale for the benefit of the defendants on the execution issued to enforce the judgments...