Wilson v. Duncan

HUTCHESON, Circuit Judge.

This is an appeal from a judgment awarding to appellee title and possession of a fund which appellant Wilson, prior to his bankruptcy, had assigned to appellant Conger. Appellee obtained his judgment by successfully maintaining in the court below that though Conger’s assignment was prior in time to his, and would therefore have been stronger in right if Conger had given prior notice of it to the holder of the fund, his failure to do so without more has operated to subordinate it to the rights of the later involuntary assignee, the trustee.

This appeal presents the…