Lowenstein v. Thomas

In the former decree entered in this case, on December 14th of thé present term, we erroneously affirmed, when we should have reversed. Now, therefore, said decree is recalled and vacated, and it is ordered that the following be entered in lieu thereof, to wit: The decision in this case has been withheld to await action of the Supreme Court on appeal in Kahn v. Cone Export & Commission Company, decided by this court March 15, 1902, and reported in 115 Fed. 290, 53 C. C. A. 92, wherein the same question of preference was involved; and, said appeal having been diumissed by reason of the…