Smith v. Mutual Life Ins.

LOWERR, Circuit Judge.

Dunning paid to the defendant $2,830 on January 2, 1901. In consideration thereof the defendant agreed to pay him $1,000 a year for the rest of his life, beginning July 1, 1916. Dunning was adjudged a bankrupt January 12, 1903. On February 4, 190?, Smith, his trustee in bankruptcy, filed in the Supreme Court of Massachusetts a bill in equity against the respondent, which was duly removed to this court. The bill sets out the facts above stated, and that Dunning was insolvent at the time of the payment to the defendant. The bill offers to return to the defendant the…