The learned trial Judge has found that the transfer was made with the design on the part of both to give to her a preference, but thinking himself bound by the case of Armstrong v. Hemstreet, 22 O.R. 336, which treated such a transaction as a payment in money, he held that it fell within the exception in sub-section 3, but if such a transfer does not fall within the exception it was a preference, and I think the plaintiffs are entitled to a declaration to that effect, and the judgment should be varied to that extent.
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