v0867-519

Document Title Page

7

IN THE

TSimUh BtnUB (Hxvmxt CUnurt of App? ala

FOR THE NINTH CIRCUIT.

    1. HARVEY,

Appellant and Plaintiff in Error,

VS.

No. 2401

    1. 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


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Top Keywords (auto-generated):

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