Lyon v. Clark

Plaintiff is the trustee in bankruptcy of the estate of Fred E. Hazle and Frank B. Clark, and brings this action in assumpsit to recover the value of a stock of goods alleged to have been transferred by the bankrupts to defendant within four months prior to the institution of the proceedings in bankruptcy. The circuit judge directed a verdict in favor of the plaintiff for the value of the goods. The defendant brings error. Two important questions are presented: First, whether the case was a proper one to withdraw from the jury; and, second, whether assumpsit would lie for the goods, under the…