Hauck v. Frey

DICKINSON, District Judge.

When tire .case was called for trial the sufficiency of the statement was questioned. It was finally agreed that the case be tried upon its merits without regard to the pleadings. The plaintiff’s theory of the case was the simple one of a sale of cows by the defendant to plaintiff’s bankrupt on credit, or part cash and part credit, and that after the sale and well within four months before bankruptcy the defendant retook possession of the cows and resold them, thus securing to himself an unlawful advantage over the other creditors. The defendant’s version of the…