The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-16
United STATES psrncT cousT-s FssysuPTcr.
Important Decision.
Before Judge BiaIchford.

Before Judge BiaIchford.
IL tie matter Of yuIi,ts Scairk This case il will be re-
menbsred, came before the court on allegations that
Schick had committed acts OF bankruptcy Evidence
has been taken before tho Cocrt orally on the part OF
schck's creditors and aiso tue part OF tho debtor
Judge Bachfor yesterday rendered his decision In tho
matter He says The only OF bankruptcy set forth
In the petition which important to consider 10 that
arising out OF tho JUDGMENT obtained by Raphael j..
Cowen against the debtor, en- the 10th Of FEBRUARY,
for tho ciry and county OF New York. On thai judR
nsnl 40 was issued soon after the judgment
was recovered, but IL almost imnedia lately
sf.sr coun,ermanded by Cowcn. and nothing further
done 10 TO the Judgment until the 18Th OF
OCTOBER 1867 when second execution was issued upon
IL 10 tue Sheriff OF the city and county Of New York
under whch tho Sheriff has levied upon the stock or
cloths and clothing contained in the dso,orss,ore in
Third avenue and now holds tbs The prop
levied upon is Substantially all the property the
debtor has IL Is alleged the part Of the peti,ionug
creditors that this Judgment is wholly fictitious AMI
fraudulent aud that the debtor did CoweD any,
thing aud that the judgment by the debtor
10 be recovered Tor the purpose Of covering his
Judge then goes that the provisions OF the
shty ninth section OF the have been his opinion,
violated BY The bankrupt TIL. provision !. 10 the
aiction Of The Unnad states, and owing debts
provabls under the act exceeding $780, whc after the
passage OF the act, being insolvent, shall procure
suffer his property 70 be taken legal process with the
intent by disposLion Of his property defeat
Who shall make any transfer o his property with nten,
10 delay, hinder dcfraud his creditors, shall 10
deemed 10 have committed an act OF bankruptcy, aud
subject 10 the considerations Hereinafter prescribed
shall be adjadgod q bankrupt the petition Of
moro OF bis creditors the aggregate OF whose debts
provabs under the act amount to IT least $3.50 pro-
yided such petition Is brought within SIX months after
fhe OF bankruptcy shall been committed. the
Judge adds"I satisfied from the evidence that the
debtor nsoivent when the execution issued on
abe 18th day Of October 1857, tho judgment rscov
cred by Cowsu and when the property of the debtor
was taken BY she sheriff on such execution The only
question IL IS 10 the bona hdeS of the judgment In
gard 10 that am compelled 10 the conclusion
thas the judgment wholly fictitious. aud de-
vice set foot by the debtor 10 enable him to
creditors Of his Who were pressing him 1t the time TO
make favorable arrangements with him and give him
tme and that he did mol owe Cowen ANYTHING ct tho
time the Judgment recovered. IL fol-
This proceeding, however Is far merely between
the petitionng creditors and the debtor. Cowen
party TO IL although examined 4 witness for the
debtor. and Tie further progress Of the matter, If The
assignee OF the debor to To appointed should institute
proceedings Is 70 realize for the benefit OF the debtors
estate IA bankruptcy the property levied by the
Sheriff under tho execution. Coven win have . full
opportunity asssrt his rights and MAINTAIN no can
abe integrity OF the Judgment and Is nothing in
this adjudication TO preciude him from DONG 500
) Petitions Filed Yesterday.
John c. Day, New York city, referred TO Register
Ketchum; Joseph NJ Lane New York city, referred to
Register Williams Number Of psuiions lodged up 10
yesterday--400
The business OF the Bankrupt Court 10 rapidly iucreas
ing. This, combined with the other details OF the
United States District Court, throws large amount VI
work upon Judge Bagchford.