The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 33
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IGNATIUS V. FARMERS' STATE BANK 33
cross-examination he related in detail the instructions he gave, the
loading, the tilling of the magazine, the cocking of the hammer, the
operation of the safety device, and the manner of holding and shoot-
ing the pistol. It is not strictly accurate to say that in stating that the
deceased appeared to be wholly ignorant of the operation of the gun
the witness was but expressing an opinion. What the witness said was
but an abbreviated way of relating the facts as he elsewhere stated
them, and we think it was clearly admissible. See State v. Cooley, 19
N. M. 91, 140 Pac. 1111-1117, 52 L. R. A. (N. S.) 230, and cases
The judgment is affirmed.
IGNATIUS v. FARMERS' STATE BANK OF HAVRp, MONT.
(Circuit Court of Appeals, Ninth Circuit. April 4, 1921.)
1. Bankruptcy =>185-Trustee takes right of creditors and may avoid a
Under Bankruptcy Act, i 47a, subd. 2, as amended by Act June 25, 1910,
i 8 (Comp. St. i 9631), and in view of sections 70a and 70e (section
9054), a trustee in bankruptcy is deemed vested with all the rights
and powers of a creditor holding an unsatisfied execution, and may
avoid any transfer fraudulent as to creditors which a creditor might
have avoided, had bankruptcy not intervened.
2. Bankruptcy S=304-Whether chattel mortgage, attacked by trustee in
bankruptcy, was in fraud of creditors, for the jury.
In an action by a trustee in bankruptcy to set aside chattel mortgages
given by the bankrupt, the question whether the mortgages were, under
Rev. ('odes Mont. $ 5758, as amended by Laws 1913, c. 86, and sections
6127, 6130, in fraud of creditors, being intended to hinder and delay them,
held, under the evidence, which was conflicting, for the jury.
In Error to the District Court of the United States for 'he District
of Montana; George I. Bourquin, Judge.
Action by W. L. Ignatius, as trustee of the estate of J. R. Crites,
bankrupt, against the Farmers' State Bank of Havre, Mont. Judg-
ment for defendant, and plaintiff brings error. Reversed, with direc-
tion to grant new trial.
Freeman & Thelen and G. S. Frary, all of Great Falls, Mont., for
plaintiff in error.
Victor R. Griggs and Arthur F. Lamey, both of Havre, Mont., and
James E. Colston and L. S. Hamm, both of San Francisco, Cal., for
defendant in error.
Before GILBERT, MORROW, and HUNT, Circuit Judges.
MORROW, Circuit Judge. This action- was brought in the lower
court by W. L. Ignatius, as trustee of the estate of J. R. Crites, bank-
rupt, as plaintiff, against the Farmers' State Bank of Havre, Mont.,
as defendant. The action arises out of the liquidation of the estate of
::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/55/: accessed February 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.