George Shiras, Jr.

“ A race of diligence between creditors is legitimate, but it cannot be won by the abuse of legal remedies. I cannot doubt that the complainants could recover of Dooley in an action on the case for his acts in frustrating their attempted levy. A court of equity under such circumstances should postpone his lien to theirs. Because the attachment in the Pangburn suit was valid, its lien cannot be displaced in favor of the complainants as respects the goods removed before their attachment was obtained. ”

“ The theory that the lien of Dooley, as receiver of the bank, should be postponed to that of the complainants, because of a conspiracy between the bank and the silk company to defraud the complainants and other creditors, is too nebulous upon the proofs for practical consideration.' [34 C. C. A. 347, 63 U.S. App. 188, 92 Fed. Rep. 283.] ”

“ His primary duty was to the Willimantic National Bank and its creditors; and while the law will not permit him to resort to fraudulent devices or to false representations in order to delay or deceive other creditors, we are unable to agree with the learned judges of the circuit court of appeals in thinking that the removing of these goods from New York city to the Brooklyn warehouse, and there storing them in the name of a third person, while awaiting the maturity of legal proceedings, invalidated Pangburn's attachment and execution. ”