Garton

This is an appeal by plaintiff from an order granting a new trial, made on motion of defendants.

The action was brought by the appellant, as assignee of Mrs. E. M. Sprague, an insolvent debtor, to recover certain goods alleged to have been sold by the insolvent to the respondents for the purpose of hindering and delaying her creditors, etc. The ■court below, in the first instance, rendered a judgment for the plaintiff, and upon defendants’ motion for a new trial the same was granted by the court while a superior judge other than the ■one who originally tried the case was presiding. The motion for a new trial was made upon various grounds, and among others that the evidence was insufficient to support certain findings of the court; and it incidentally appears from the opinion of the judge of the court below who granted the motion, which opinion appears in the brief of the respondent, that the motion was granted mainly upon the ground that the evidence was insufficient to justify the seventh finding that, at the time of the *349 sale, the defendants had reasonable cause to believe that the said Sprague was insolvent, and reasonable cause to believe that the transfer was made with a…