Gabriel v. Tonner

GRAY, C.

This is an appeal by defendant from an order denying him a new trial.

The action was brought hy the trustee of a voluntary bankrupt, under the Federal Bankruptcy Law, to recover the value of a stock of goods belonging to the bankrupt which had been seized and sold under execution in a suit begun by said defendant against said bankrupt within four months prior to the filing of the petition in bankruptcy. The ease was tried with a jury.

1. Defendant requested an instruction to the effect that, in order to entitle the plaintiff in this action to recover, it would he necessary for the…