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CAREY v. DONOHUE

No. 179.

240 U.S. 430 (1916)

36 S.Ct. 386

60 L.Ed. 726

CAREY v. DONOHUE, TRUSTEE IN BANKRUPTCY OF HUMPHREYS.

Supreme Court of United States.

Decided March 13, 1916.

Attorney(s) appearing for the Case

Mr. Morison R. Waite, with whom Mr. John Randolph Schindel was on the brief, for appellant.

Mr. E.R. Donohue, with whom Mr. David Davis and Mr. W.G. Durrell were on the brief, for appellee.

MR. JUSTICE HUGHES delivered the opinion of the court.

This suit was brought by a trustee in bankruptcy to set aside a transfer made by the bankrupt of certain real estate. Upon appeal from a decree in favor of the trustee, it was held by the Circuit Court of Appeals that the case had been tried, and the decree was based, upon the theory of preference voidable under the Bankruptcy Act, and for the purpose of appropriate amendment to conform the bill to the proof,...

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