Parker v. Black

Second Circuit

Parker v. Black

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

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 18, 1907

DocketNo. 132

StatusPublished

Cited by12 cases

This text of 151 F. 18 (Parker v. Black) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Black, 151 F. 18, 80 C.C.A. 484, 1907 U.S. App. LEXIS 4140 (2d Cir. 1907).

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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.

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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.

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151 F. 18, 80 C.C.A. 484, 1907 U.S. App. LEXIS 4140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-black-ca2-1907.

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