IN RE MACKLIN

No. 3413.

4 F.2d 227 (1924)

In re MACKLIN FARMERS' & MERCHANTS' BANK OF BRYANT, IND., v. BRIGGS.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 10, 1925.


Attorney(s) appearing for the Case

Moses B. Lairy, of Indianapolis, Ind., for appellant.

James J. Moran, of Portland, Ind., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


ALSCHULER, Circuit Judge (after stating the facts as above).

Did the bank have reasonable cause to believe that its taking of the mortgage would effect a preference in its favor? All the evidence and the findings of fact seem to us to require a negative answer. The only evidence of the extent of the bankrupt's assets and liabilities was afforded by the report of the master on the issue of insolvency; the assets showing $45,400 and the debts $46,500, a difference of...

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