This action is brought by the trustee of the bankrupt, Curry, for the purpose of setting aside an assignment made by the bankrupt to the Puget Sound Dumber *595 Company, of a certain note and' mortgage. The assignment was executed on January 16, 1903, and within four months thereafter Curry was adjudicated a bankrupt. The complaint alleges that upon the date of the assignment Curry was insolvent, and that the Puget Sound Lumber Company, and its agents acting therein, had reasonable cause to believe that in making the assignment he intended to give a preference to the Puget Sound Lumber Company. The evidence, in my opinion, shows that Curry was insolvent at the time when he made the assignment referred to, but is not sufficient to show that the Puget Sound Lumber Company, or either of its agents, Fisher or Plunt, had reasonable cause at that time to believe that he was insolvent. The question of a creditor’s knowledge of a debtor’s financial condition, or whether he had reasonable cause to believe him insolvent, is one of fact, and the rule which governs the court in its determination is thus stated in section 963 of Brandenburg on Bankruptcy (3d Ed.):

And in discussing the same question, Mr. Justice Bradley, in delivering the opinion of the Supreme Court in the case of Grant v. National Bank, 97 U. S. 80 , 24 L. Ed. 971 , said:

See, also, Stucky v. Masonic Savings Bank, 108 U. S. 74 , 2 Sup. Ct. 219, 27 L. Ed. 640 ; In re Eggert (D. C.) 98 Fed. 843 ; Id., 102 Fed. 735 , 43 C. C. A. 1 .

The evidence of the witnesses Fisher and Hunt, agents of the defendant corporation, is, in my opinion, entitled to credit. They testified, in substance, that they did not know of the insolvency of Curry, and, while the account due from him to the Puget Sound Lumber Company was about three months overdue, they were not pressing him for payment, and did not believe he was insolvent; and I am not satisfied from the evidence that any fact was brought *596 to their notice sufficient to excite in their minds as reasonable men a belief of the bankrupt’s insolvency. My conclusion from all of the evidence is that the Puget Sound Lumber Company did not at the date of the assignment have reasonable cause to believe that in making it the bankrupt intended to give a preference to it, and the agents of the corporation did not at that time know that the bankrupt was in fact insolvent.

In accordance with these views, the defendants are entitled to judgment, and it is so ordered.