Fitzgerald

This is an action of claim and delivery brought by respondent as assignee in the matter of Joseph Goodman, in insolvency, against appellant, to recover a stock of merchandise of the value of three thousand dollars. Appellant claims title to the goods by virtue of purchase from Goodman, made within thirty daji-s next preceding his adjudication in insolvency. -This is an appeal from the judgment, and order denying her motion for a new trial.

1. The following allegation of the complaint, which was not denied, is sufficient to establish the insolvent’s financial condition at the time of the alleged sale to appellant: “ That at the time of the attempted sale of his said stock of goods, wares, merchandise, and fixtures above described, as hereinafter stated, and for a long time prior thereto, the said Joseph Goodman was, and ever since'then he has been, indebted to various persons in large sums of money, and during all said times was and still is unable to pay his debts from his own means as said debts became due, and then was and still is an insolvent debtor,” etc.

2. Tliere is a substantial conflict in the testimony as to the appellant’s knowledge of Goodman’s insolvency at the date…