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CUNNINGHAM v. MERCHANTS' NAT. BANK

No. 1703.

4 F.2d 25 (1925)

CUNNINGHAM v. MERCHANTS' NAT. BANK OF MANCHESTER, N. H. In re PONZI.

Circuit Court of Appeals, First Circuit.

January 6, 1925.

Attorney(s) appearing for the Case

William R. Sears, of Boston, Mass. (Hugh D. McLellan, Clarence M. Gordon, and Samuel P. Sears, all of Boston, Mass., on the brief), for appellant.

Edward E. Blodgett, of Boston, Mass., and George T. Hughes, of Dover, N. H. (George S. Fuller, of Boston, Mass., on the brief), for appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and HALE, District Judge.

HALE, District Judge.

This is a suit in equity by the trustee in bankruptcy of Charles Ponzi for an accounting, and to recover from the Merchants' National Bank of Manchester, N. H., $197,905.25, on the ground that it participated in a voidable preference, or in a transfer in fraud of creditors, to the extent of said sum, and in the alternative to recover from said bank the sum of approximately $73,000 alleged to have been paid from the bankrupt's account in said...

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