279 F. 572 | D. Mass. | 1922
Upon the case as presented to me, I should be inclined to doubt whether there had been any present loan of $1,000, and, even if there had, to say, in view of the facts that the old debt was included and the amount of security was certainly ample for the new loan, and covered all the assets of the mortgagor, that there was an actual intent to prefer. But the learned referee, who saw the witnesses and was in a much better position than I am to judge the truth, found otherwise; and I cannot say that he was clearly wrong.
Report confirmed.
Petition dismissed, but without costs.