Warner Coal Corp. v. Costanzo Transp. Co.

SOPER, Circuit Judge.

This appeal is taken from a judgment whereby the Warner Coal Company, a West Virginia corporation, the lessee of two coal mines on the Ohio River in the panhandle area of the State, was adjudged a bankrupt on February 10, 1944. It is contended that the judgment should be re*590versed because (1) the judge erroneously excluded from the consideration of the jury certain evidence as to the value of the property of the Coal Company which would have shown that the Company was not insolvent when the alleged act of bankruptcy was committed; (2) there was collusion, amounting to…