v0867-519
7
IN THE
TSimUh BtnUB (Hxvmxt CUnurt of App? ala
FOR THE NINTH CIRCUIT.
- HARVEY,
Appellant and Plaintiff in Error,
VS.
No. 2401
- STOWE, as Trustee in Bankruptcy '
of the Estate of J. Downey Harvey, a
Bankrupt,
Appellee and Defendant in Error,
POINTS DEVELOPED ON THE ARGUMENT, WITH
ADDITIONAL AUTHORITIES.
A "CLEAR AND PALPABLE ERROR" IN THE REASONING
OF THE TRIAL JUDGE ON THE FACTS.
The trial judge reasoned that the gift of this stock,
if it had been made, would have been noted in Mr.
Harvey's books of account; that all of the other gifts
he made to her were so noted, and that his testimony
that he made the gift in 1905, as claimed by him, must
be rejected, largely because of the condition of these
books (Tr., pp. 31 to 38 incl.). The error in drawing
such a deduction is obvious; for the fact is, that none
archive.org Volume Name: govuscourtsca9briefs0867
Volume: http://archive.org/stream/govuscourtsca9briefs0867
Document Link: http://archive.org/stream/govuscourtsca9briefs0867#page/n518/mode/1up
Top Keywords (auto-generated):
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Top Key Phrases (auto-generated):
167 ., march 31, 96 ., 546 shares, 31 1910, specific properties, june 1905, december 5th, tamily gifts, sioner kreft, santa cruz, safe deposit, peculiar feature, november 26th, memoran dum
Document Status: UGLY