The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-14
District Court OF the Unltcd States.
Rac,ra I,,duo nattc

DcOA SuukC Octs.
APRIL l3.-Ir BANkRuPTcy-The petitions which had
matursd passed to decree, except that Of Raphael Peix.
Of motions, the Court alluded to cases in which objec.
tons had been presented, and gave the blowing
jections relate to the knowledge aud intent Of the Bank.
rupt, and aver that he has not made up such schedules
as he was able to.
These are facts that must be inquired into out of Court,
and il the creditor pursues these objections, he must
take his order Of reference, and 60 before a commits.
sioner.
The concluding part of the third objection, that the
Receiver lin Chancery] is not named, is well taken, and,
unless the petitioner can prove before the Commissioned
that this creditor knew who the receiver was, an amend
ment will not be allowed without costs.
The remaining Ave objections relate to the con.titu.
tionality of the act and the powers Of the Court, and have
been disposed Of in the case OF Zarega.
Jane, Cropsy-Per Cur-The objections go to the
Segment July l, 1887, to H. }. Cropsey, Of all his properly
in trust for the benefit Of certain creditors, &C., and states
tn III at ss q portion orus;n. Of +, The he. assigned properly ha. been disposed
Bankrupt is not informed of the particulars, and adds q
general allegation that from his Information the residue
uneoliected VIII not be suficientto pay the debts pro-
1t appears to me this is an inadequate specification Of
in the hands Of an assignee, he has an interest in II. and
he should in compliance with the bankrupt act, specify
the properly in which his interest subsists, so that the
creditors may ascertain its value, sc. A petitioner may
give a copy Of the assignment, or he may communicate
the property assigned BY it, but in some wsy or other he
and the situation oft A general assertion that he has
conveyed it ell away on trust, does not sford that spe-
sidc Information mat de%snd 4 iby the terms and policy Of
the objections taken thereto are allowed.
Henry S. Jennings The objections arc grounded on
the petitioner, stating himself to have been indebted on
notes, whereash he was SO on Judgments obtained on said
notes. The act does not require the bankrupt to specify
the character Of his Indebtedness. or the evidence on
which it rests. He must name his creditors, and their
residence, and the amount due to each. II any fraud or
deception was designed, and can be shswn by proof, the
creditor has the rignt to produce evidence to that point,
and then the Judgment Of the court would be controlled
by the fact as established. The law will imply no fraud
under the circumstances OF this case, nor does there
seem to be any substantial want of certainty. II does not
appear that the bankrupt knew Of the demise of one Of
his creditors. Objections overuled, but without costs.
Cassander A objections had been
presented in this case by Mr.. Joachimssen,a and answer.
ed by Mr.. Stuart. The court decided as follows: Per
cur. "One reason against the validity Of the objections
.,ed now seems to me conclusive. They sreb by the ere.
differs who took the original objections, and are to mat
The amended schedule introduces two names, and de-
scribes the indebtedness to them precisely as it had been
mode was passed by the creditors without exceptions
during all the stages OF the earlier objections, and Il will
lead 20 intolerable abuses, if creditors might split up OBJ.
jections and ~interpose them one after another, at the end
Of protracted CONVERSATIONS, to matters open TO them in
the first instance. II does not vary the principle that
these objections follow an amendment of the schedule,
for the amendment copies exactly the method Of stating
the Indebtedness previously adopted, and which the ere.
ditor acquiesced in. He ought not at this after period to
raise when he FIRST had tie opportunity The Court
.hcu 9 a.ed that" these objections would have receiveda
yerv diferen, consideration IL taken in proper time, for
the schedule is clearly ~imper,ev: in form, sc. "Under
the present aspect Of the case the o~ojecuQns must pc
overruled, with costs 10 be deducted from costs hereto.
fore awarded these creditors" The petition passed to
decree.
The Court stated that the Circuit Court would be pre-.
pared In the beginning ofthe week to hear argument on
the objections to petitions of the Messrs. Brooks, George
Brown and others, which had been referred to it, when
the parties interested must be ready to proceed.
General Sessions.