PAGE v. ROGERS

No. 39.

211 U.S. 575 (1909)

PAGE v. ROGERS, TRUSTEE IN BANKRUPTCY.

Supreme Court of United States.

Decided January 4, 1909.


Attorney(s) appearing for the Case

Mr. Frank Spurlock, with whom Mr. E.J. Page, Mr. Louis L. Waters and Mr. Foster V. Brown were on the brief, for appellants.

Mr. J.B. Sizer, with whom Mr. George D. Lancaster and Mr. Robert Pritchard were on the brief, for appellee.


MR. JUSTICE MOODY delivered the opinion of the court.

This is an appeal in equity from a decree of the Circuit Court of Appeals for the Sixth Circuit. The suit was begun by the appellee, the trustee of the estate of I.B. Merriam, a bankrupt, against Thomas Merriam, to recover a preference alleged to have been received by the latter in violation of the bankrupt law. During the pendency of the suit the defendant died, and the...

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