30 F. Cas. 402
U.S. District Court
Decided November 7, 1872
U.S. District Court · decided 1872-11-07
The plaintiff in this suit [James E. With-row] sought to recover, as assignee of Thomas S. Dunbar and Edward T. Smith, bankrupts, $512.32, the value of certain accounts and claims alleged to have been transferred by the bankrupts to the defendant [M. K. Fowler] within four months of the filing of the petition in bankruptcy against Dunbar and Smith, they being at tbe time insolvent, and the defendant having, at the date of the transfer, reasonable cause to believe tbem…
Decided 1872-11-07
¶1sustained the point and charged the jury as follows; “The jury are instructed that the plaintiff cannot recover in this action for any property or accounts transferred or assigned by the copartnership of Dunbar, Smith *403& Co., to a creditor of said copartnership, by •way of preference or otherwise.”
¶2The jury returned a verdict for defendant.