The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-15
Important Decisions In Bankruptcy.
J. -. Circuit Court .
Before Judge Betts.


points We present the latter in connection with the
names of the petitioners whose account the decisions
made.
John W. Hull and abraham H. Smith Compulsory
Creditors holding debts due before the passage of the
bankrupt act competent parties to prosecute their
debtors TO decree OF bankruptcy purchase oil goods
by copaTtners credit with intent to fraudulent insol
yency, and fraudulent transfer and appropriation OF
such purchases during the olsiO in this case
Che parties still continuing partners) them sub
Ject to the bankrupt law.Acts OF bankruptcy committed
by one OF firm subsequent TO the passage the act can
not support proceedings against bothpartnsrs The mere
insolvency OF partnership, the partners does not a
horize proceedings against them as involuntary bank
rupts without proof Of the commission OF some act oil bank
ruptcy by the partnership The term Insolvency in the
4h section OF the act is be regarded as equivalent to
bankruptcy
Mr. butcher for creditorsMr. Johnson for bankrupts
John Baey-The creditors in order to defeat decree,
must show that the bankrupt had property at the time of
his application, which he knowingly and Intentionally
omitted to state his inventory Possession OF property
anterior to that, unless Immediately preceding the time
Of filing petition, is ufcient support objections.
want OF good management refusal TO pay debts
the property had been dissipated and squandered dis
honestly, will not afford bar to petition under the act
The purchase OF bankrupts furniture by his soninaw
at an execution sale though the goods left pos
session of bankrupts family subsequently, Out not remain
ing with him at the time of the applcaton) the pur
chase oil ms rea estate at mortgage sale by another SON
inlaw do not afford presumptive evioence of
ship which would require bankrupt account for such
property on his schedule.
Mr. Charles Morrell creditors-Mr Janson for bank
rupt
Brown Kong Exceptions TO objections that opposing
parties have not proved their debts cannot be made before
commssoner-they must be presented the Court pre-
vious TO reference The strctness practice in Courts
of civil and common laws which regard grounds excep
ions not presented proper order in the progress
cause as waived will not be enforced in bankrup pro.
ceedngs Creditors Gas such) cannot file objections and
contest the rights OF bankrupt to a discharge without
first proving their debtsThe terms other persons and
interest, used in the 4h section employ cd to desig
nate those who could not prove their debts creditors
and do not embrace, but exclude creditors.
Mr. Sears for bankrups-Mr Thompson and Mr.. Fss
sender for creditors
Darid H. Robertson.-lft the purchase by bankrupt of
house and lot and payment of $4,000 thereon by him,
and the conveyance of the title hereupon to his mother
is fraudulent against his creditors still there remains
no right of property therein which he is bound to
tory his schedule a part of his estate. Though the
confession of judgment by bankrupt to his mother be-
fore the bankrupt passed be without Just
sheraton and void as again his creditors still il is
debt against him. rendered void by the bankrupt law
An execution sale of the petitioners furniture &c,
der the judgment confessed to his mother although
at his instance and under his direction dvests him of title
to the property, and he need not set forth his nven-
tory Subsequent possession and use of such property
his own render the sale of effect in relation his
creditors but cuts OIL his right to set title to his
own
Mr.. A. Nash for bankrupt Mr.. Fessenden for credit
Carlos P Houghton.--Where the assignee of a part.
nerhp estate buys the notes of the estate at discount
with his funds he is entitled to be placed cred
tor for the full amount the schedule Had the notes
been bought with the trust funds he would not have
been so entitled. Decree allowed.
Mr. Sayre for bankrupt Mr.. Joachmssen for cIedtors
John q MCarty-Evidence ialsying an allegation that
bankrupt lost $500 in the year 1882 sufficient
M % h ,o 'uiy VI h,s peon anu INV Unless
IL ,,' sc ~; Ian,t re- NV az P.,o .eaei "
h, I'M u n's apploao =? II On ne examination on
C,c, err , @ h y fs eusea as W pa.
assertion An assertion made by bankrups wife in his
presence and denied by him. cannot be given in evidence
sonxay a Of ,onr,, l., on ;s in, Pc Nv o!
OF the bankrupt act to his mother and sonlaw although
crclitors diDests h;r, of ern ;bt a ;,, ,
ia AMI no nceI nn, se Earth n lie nv ~
NJ A r. poaars CO.. hanL.,n, NJ II IA Co.. -
ditor " Wv
" g i. WIZ ~ NV prov ,elr aep,s aho
contingent interest," in t estate are 70 AZ b
cctons 10 dscrbage and prosecute them b,corc com
J; " os'ih"se' al" Pio'0u'o he"' pc'oc oo'"'
Mr. T. II Flu Cor ho,,r,,, . No,sr, poco,;c, g. ri,
khan hr crad;tyors f ~ ~ - w
| Ra,ri JI;U - J.oL Iy.n Iy,LI,.t ,,o,nrsor,
TN ;rrat s,soSis -, H., ,ar'fs -; - !, IN , 80
Juia 10y me conmss'ohel hseu NOT con
h des;,;o ;,s ,h, ,h o.h o h
a.;n - . AS T n1e peg sa.ureu' .e
aniin and ~ a. To-, -, ;s s,h ~, -; - ~
- 10000 -. ~, as s,H 'a ai =. y,
NOT hat The ,ndy;iuais nc scb o, ,o ~ an
tba, sum The neton must aeec tbat The acts Of banI
r,ntc ,rcre committeJ dnrin the con,;nuonc of he 90
narrnoerhin XmanJroa,,s Vii he oiIo.d -; , y,
he instice If case ybcre error has occurred Sran
g J,o &c.; a. on 49, na nc os cns,s nus eo i'o' ms
Nr Van VIeeck for petitioners Mr. Joacb;mssen for
h,,lr,nts " " "
paH nk 'uo -,,.. p.,,,,o.ou, .,.,o.
g, 49,, 49,, -, ,,;nr 49,. ~. ~ =, ~, P .
'.ai;, az 800. S ~ 80! " .,ie M n :, "
ca'a 5 ;r n " ' 'Pfo's s'i'o'' De''ee
AZ NJ
W. Nio'is 'oi Pe'ionei' ''' 'oaohsseh' ior creof
''s. All. ,,..; .., 4.
ia.on .oI pe'; ;1 u. e.u nov oe prsS 81. W
sne oor' WIN i.s uesuon ena l's psis
~ W nm n a . %. " ~.
pPeay IS pH o'e IN sas
ua'c ne must pass 70 ,nc NEUTRALITY-SUSPICIOUS. 10 c'
s p,'s WIN nol ueiay 70 a.
o;nts Tha On III. accom-, w., No, ai
@ me d % On "s VIII no
~ .ne cas- a .ne CCu'' le"e W ltei tne ou
G ~ os area 90 o 'ie
~ Va "P,,'y S,"'t.". !,
ni' ora"y' ior panArup'' MI 'oachSsen LOT creu'
"'. M -, r,,.
oepTge ~ n,op dna bmene ms Wye.,-i ne assiei u,
scIues a 70 ns w,es proPery, oy .e Interss's 'ne
husband possessed az me tne Oh ms pkrupey ne hSle
s ; e ~ 49,, -, pop., , ~ -,
,oie marrlage9 ana although mate ont payaple 10 nus
naS neN :, W mn, ~ oo PIE.
~ ~ =. " e ' ~; ~. =.
NE assignee under circumstances peing endured % pro
oeea. - -,
Mr' T. Ciarh'' 'or oanA'up'' MT ponuey' io 'ss'
nee. =. -,