Strock

Petition for involuntary insolvency of respondent. The grounds alleged are sale of property by respondent, being insolvent, with intent to delay, defraud, and hinder his creditors, and a payment made in contemplation of insolvency. (Insolvency Act of 1895, sec. 9.) Verdict and judgment for respondent. The appeal is from the judgment and an order denying a new trial. The grounds are insufficiency of the evidence to justify the verdict, and errors in refusing or giving instructions.

1. The only specification of insufficiency of evidence is that “the evidence is wholly insufficient to justify or sustain said verdict, and, on the contrary, the evidence shows that said verdict should have been in favor of the petitioners.” This is manifestly insufficient as a specification, and the objection on the score of insufficiency of the evidence must therefore be disregarded.

2. The court, at the instance of petitioners’ attorneys, gave the instruction written below, but refused other instructions.

One of the instructions refused was to the effect that “in a case like the present there is no element of actual fraud necessarily involved. The debtor may have acted with entire honesty and good…