Mr Solomon said the facts were not different, but (■be conclnsion he aßked the conrt to dr&w wsb dif ferent. He rf Hed on lie fact that the court had no power to make an order. Hi» Honor: If the fncts are as proved, the court has power to order the money to be handed back to the bankrupt. Mr Solomon: No doubt. We are content with that.
His Honor: The assignee in entering into the bar gain with the bankrupt and receiving money from the bankrupt as part of the bargain must know—and by the contract is estopped from denying—that the bankrupt borrowed the money from somebody or other, and if that be bo the money ought to ba handed back to the bankrupt notwithstanding that the man is bankrupt. Mr Solomon: No doubt.
