Squire, Supt. v. Oxenreiter

This is another of the many so-called preference cases that have been troubling the bench • and bar rather persistently during recent months. As usual the chief difficulty encountered lies not so much in ascertaining the pertinent principles of law as in their application to the slightly varying factual settings of the individual cases.

In the instant controversy the chief and controlling question is met at the very threshold. Did the parties by their written agreement intend to create a relationship of trustee and cestui or merely that of debtor and creditor? Restating the question more…