Opinion
No. 6225.
March 12, 1937.
Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert W. Johnson, Judge.
Proceedings in the matter of Frank P. Llewellyn, bankrupt, wherein the First National Bank of Mount Carmel, Pa., trustee of the bankrupt, filed a petition to have transfers to the National Dime Bank of Shamokin, Pa., declared void as preferences. From a decree of the District Court ( 15 F. Supp. 653) affirming an order of the referee declaring such transfers void as preferences, the National Dime Bank of Shamokin, Pa., appeals.
Decree affirmed.
Charles C. Lark, of Shamokin, Pa., for appellant.
Knight Kivko and Harry S. Knight, all of Sunbury, Pa., for appellee.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
This bankrupt case involves no principle or precedent but simple questions of fact. Those facts are stated at length in the exhaustive report by the referee and the comprehensive review thereof by the court below in its opinion. Reference to such report and opinion obviates a third restatement by this court.
It suffices to say that after a detailed study of the proofs and of all questions involved, we find ourselves in accord with the judge below that "the referee had ample facts on which to reach his conclusions and on which to base his findings that the transfers by the bankrupt were made to secure a pre-existing indebtedness and not for any present or new consideration, and that the bank had reasonable cause to believe that preferences would be affected by such transfers."
So regarding, its decree is affirmed.