193 F. 646 | 2d Cir. | 1912
The petitioners must establish three propositions to entitle them to rescind the sale in question-: (1) That the bankrupt
Claimants ought not to he allowed to repudiate a sale and reclaim goods, and thus obtain a preference over other creditors, except in a case where the proof is clear. This is not such a case. In this case, as already shown, no false statements or false representations were made. The petitioners themselves proved their debt, and, apparently only thought of reclamation proceedings when it was ascertained that most of the goods had been delivered to Talcott.
The order of the District Court is affirmed, with costs.