Coombs v. Merchants Bank of New York

FRANK, Circuit Judge.

The evidence amply shows that the debtor company was hopelessly insolvent on January 23, 1943, when the involuntary petition in bankruptcy was filed against it. Appellant, in its briefs, by using elaborate figures, purports to show that the debtor was solvent on December 7, 1942 and up to December 26, 1942. This argument proves too much. For defendant does not explain why, if its contention is *860sound, the debtors condition changed so astonishingly in the succeeding month. Absent such an explanation, we are unable to regard the trial judge’s findings as clearly erroneous…