Page:Federal Reporter, 1st Series, Volume 3.djvu/403

896 FEDERAL REPORTBB. �defendant Weinfeld, the proof how is that the rent reserved vas a full and adequate rent for the use of the premises. Previous to its execution Weinfeld had beoome the purohaser of the machinery and chattels connected with the brewery, under the sale to enforce the cbattel mortgage. The proof is that the negotiations between the bankrupt and Weinfeld for the making of the lease were ail subsequent to this purchase. There was no fraud in making it, nor any injury done or intended towards creditors. Weinfeld's only object in taking the lease was to make an economical use of the property he had on the premises. �These conclusions necessarily dispose of the bill as against Preston and Weinfeld. There is an entire failure to prove as against them the fraud alleged, which is the basis of the suit. The 8us]Dicious circumstances shown upon the motion for an injunction have been explained, or have become imma- terial, upon the case now made by the testimony. See 1& N. B. E. 241, �If, as claimed by the complainant, Weinfeld removed and sold certain beer from the brewery, which, under the contract between Preston and the bankrupt, referred to in the chattei mortgagei did not belong to Weinfeld, as the purchaser of the chattel mortgage and assignee of the contract, but to the bankrupt's estate, the complainant's remedy is not by this suit in equity. Whatever trespass Weinfeld may have com- mitted in this respect appears to have been actuated, not by a fratidulent purpose in respect to creditors, but by a misap- prehension as to his own title. It is not intended to be inti- mated that Weinfeld had not a perfect right, as assignee of Preston's beer contract, to take and sell ail the beer on the premises ; but that question does not arise in this suit, and is not passed upon. �ïhe bill must, therefore, be dismissed as against Pres- ton and Weinfeld, with costs. As to the administrator of Diekelman, no decree can be made in the present state of the record, and the bill, as to him, is retained for further pro- ceedings. �Decree accordingly. ����