The New York herald., 1868-04-11
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT eousT-x sAHxsupTcx.

Preference for Judgment Credltors-lmpOrtam
Before Judge Blatchford.
IN the Natter or Joseph Haughton, an hsrolunta,v
Bunkrupt-The petition In this case was fled on the
Goth Of January, 1868. 1t alleges. as acts Of bank
ruptcy, that the debtor, on the 2lth of December,
1857 at New York, being In contemplation Of bank
ruptcy and Insolvency, procured and suffered his
property to be taken on legal process in favor Of
Nicholas Haughton-namely upon an execution is
sued to the Sheriff OF the city and county OF New
York upon Judgment entered against him IN ne ne
ence to Nicholas Haaghton, and with the in
defeat and delay the operation Of the Bankruptcy
act. and which Judgment was entered upon an oner
Se ns 70 H
against him f0r $500 and costs, which offer was ac-
cepted by Nicholas Haughton on the 18th Of Decem.
the 18th Of December 1857 In accordance with the
provisions OF the code Of procedure OF the State Of
1851, being III contemplation Of bankruptcy ana in.
solvency procured and suffered his property 70 be
taken on legal process in favor Of Bernard Reilly
entered against him in the SommSn Pleas Pleas
r aS the c sum o. o. sew .ssc H. wS iaa neI
thereby to give preference to said Reilly, and with
the intent y such aspo.On q his PROPERTY 70 DE-
and which Judgment was entered against the debtor
In an action brought by said Reilly In said court to
recover the sum Of $4,000, interest and costs,
fence, and allowed suffered and permitted said udg
ment to be entered against him by default on the Sth
The debtor having appeared In this court under an
order to show cause on the 1st Of February 1885, and
denied the acts Of bankruptcy alleged In the petition
made TO . Commissioner OF the Circuit Court under
section 80 Of the act to take testimony In regard to
the matters alleged In the petition and report the
same to the court. Under this order Of reference
ned copies Of the records OF the two Judgments have
been and the testimony Of two OF the MEM
bors OF the rm Of the petit0ning creditors Of Isaac
Rosenthal and Albert Cornell, creditors; Of John
Kelly, the Sher, and Of Bernard Reilly and Nicholas
Haughton, the judgment creditors In the two judg-
petition are fully proved and satisfactorily appears
therefr0m that the debtor being in contemplation Of
Insolvency, and belng In fact, ins0lvent did, at the
time named In the petition namely, on the oath day
TALLY to all the property he had to be taken on
execution issued on the judgments named in the
petition which were In the manner set forth
In the petition, with intent to give preference to
the Judgment creditors. This is under section 80
Of the act ground for adjudication Of bankruptcy,
the other particulars required by that section to
warrant an adjudication being shown to exist.
the petition alleges that the debtor committed the
acts, being in contemplation OF bankruptcy and
insolvency" No proof Is given that he was Gin
that term is held by this court. The creditors may
amend their petition by striking out the words
"being in contemplation OF bankruptcy and tns0-
vency" where they twice occur In the petition, and
by inserting the words " being insolvent or being
an order OF adjudication Of bankruptcy will be en-
tered. G. A. Seixas for the creditors; Brown, Hall
and Vanderpoel for the debtors.