The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-13
United States District Court.
Before Judge Betts.

MARCH II in regard to the motion for permits
sion to amend, made BY Mr. Stewart, in the case of
Frisbee, Judge stated that he had consulted
with the Circuit Judge, and they had come to the
decision that amt ndments to q schedule might be
allow ed. The practice adopted in England was
difficult, bat there the Bankrupt law was wholly
penal one, and the proceedings the form Of GRIM
inal action but such is not the case here-the law
passed by Congress was mere in the nature Of
insolvent than bankrupt law men permitted
voluntarily to come forward and become saitors.
The court has power, therefore, the same as in
any other civil cause, to pass upon matters that
NAV be brought before it, Motions to amend
schedule will be allowed, but only SO proof Of
accidental omission, OF some unfroseen or unlock
ed for occurrence Ifa schedule appears TO have
been drawn up loosely, or with a view TO conceal
or defraud, motion for anne ndment v i'll not be al
lowed. On such motion being made, proof must be
6ed sufficient TO satisfy the Court that the case
Objections have been made in the case Of Besja-
min Cox the ground hat he has mot explicitly
stated the situation of his affairs He says that he
possesses interest in real estate in Michi-
gan also, that he connected in respect to some
personal property with = man named Parker, at
Boston, and that sale had taken place. He does
not furnish such data wonld enable the assignee
or creditors to investigate the matter. The Court
thought that the ebie ctions were well founded and
should be sus aimed.
On th. aue,rion raised in the case of Kasson, re-
atve to petitioner being allowed to retain certain
ic e,lery the Court was not yet prepared to de-
eide. Ii was an important subject, Jadge Belts
marked, and required considerable delibe ration.
Il was proper to remark, however, that the assig-
nees had right, until 4 decision was made, to be
mt in possession ofsuch In respect to little me-
n entoss possessed by petitioner, or any member
of his family, Il was probable that editors
would take them, bat in some instances the amount
is important, involving q considerable sum. The
Court would caution petitioners sgainst concealine
or Withholding such property ~ might interpose
serious bar to their final discharge.
Eighteen petitions passed 10 the usual decree :
The petitions Of George w and Lorenzo Snow and
John Bruce, were postponed to Monday.
The petitions Of Alfred Brooks and Samuel X
Brooks, brooks, Brothers Il Co were oppose
| by Mr.. X ]. Dillon, on account Of james Clegg
Co., Manchester, as owing hem 5 $50, which deb
was created BY them while acting in hducary o.
pAcity
James A Riley was opposed by Mr. II. Pattsn
counsel for George w Carpenter, on the groun
that he was resident Of Michigan, and not BE-
longing to this district, had concealed debts due
| missed debts in view OF bankruptcy
| Warren Beman was objected to by DIR. T. J
Derry, as counsel for Bayard & Deloynes, on Il
ground Of his not having given a correct list OH
| creditors or presented schedule Of his prcperti
William Henry Gregory was objected to
Joseph Wallis, ofthe city Of New York, principal
| On the ground that he received money and notes
| trust from compiaiuant, and other persons, to
| na;d Jacob M Mccormick, Ithica, for farm, B.
which he retained and appropriated 10 his ov
| nse-for having stated that he owed complains
| onlv a22O, while he owed him In fact Sl5O0-a
de.yins the power Of Congress to annul &C
tracts, &c.