American Exch. Bank v. Goetz

(after stating the facts as above). There are three questions.for consideration: (1) Did appellant know or have reason to believe that bankrupt,was insolvent? (2) Had appellant the right to file its claim, freed from the condition imposed? (3) What is the proper basis of recovery?

R We agree with the conclusion of the District Court upon the first question, but find no actual fraud is shown.

2. In Page v. Rogers, 211 U. S. 581, 29 Sup. Ct. 162, 53 L. Ed. 332, the court'said:

“Now that this litigation has come to an end, and the defendant has been compelled to surrender the preference which he…