Parker v. Black

151 F. 18, 80 C.C.A. 484, 1907 U.S. App. LEXIS 4140

Opinion

PER CURIAM.

We are entirely satisfied with the disposition made of the case upon the merits by the court below, and .that the evidence fully justifies- its conclusions as to the facts.

The point is taken, however, that there was a full, adequate, and complete remedy at law to recover the preferential transfer in controversy; and the defense was set up in the answer. Upon this point we think we should follow the decisions made by two different Circuit Courts of Appeal upon a state of facts practically identical with those of the present case, notwithstanding we should have been of a different opinion if the question had been originally presented to us. See Wall v. Cox, 101 Fed. 403, 41 C. C. A. 408; Off v. Hakes, 142 Fed. 364, 73 C. C. A. 464.

The decree is affirmed, with costs.