New-York tribune., 1868-06-25
The Court reserved its de-


''1 IO .bo Tinted States District Court, in Bank
ruptcy the first trial by jury N ~ s aSs of SaSR%Hpey
aoUpitted by debtor came mp for trial on Tuesday ana
WdDpsday The petiti0mng creditor. Richard D. BROCK,
NeJ an order Of the Court for Ely HOppOck TO show
ausc why he should not be adudged bankrupt on tne
,nt , 10 avoid the service OF legal process. The
,s,inony on he part OF the creditor showed that M
Ey Pty bad become enlbarras assed and had left his
Mace Of business, No 81 Nassaus leaving dlIeetloS
With him that such persons denied any knOWSuEe y!
me whereabOut of HoppOck though they could remit
tiers to him. that various processes OF the courts, III
srious actions commenced on the part of his ered0r
could not be served his family informed all VINO ea!ed @
~ sec him that he had gone West sometime during the
WINTER while "a steward Ia tho house next 10 the debtor
residence i'm Fourtcenthst. tcSthcd lltI nc saw !lh
within ten DAYS prior about April l. and again that he
had been at his office in Nassau-st about March n was
testified to by another witness IL also appeared that the
Tht"r had made some Overturcs 10 his brother during
Tie last Fall respecting transfer OF ms property OWlng
to ms embaIrassmeuts. Considerable testimony was ad
Juced showing contradictory statements made by all
those who supposed TO be aware OF his Whereabouts
tween the St 9th of March, and said he going
West Considerable argument was made by the cOnliSel
for either de to what constituted coueealment within
the puryew of the act The jury found verdict IN favor
OF the creditor
In the United States Circuit Court, yesterday,
Jola SegE Assignoc e. aql James X Place al-Tbe bill is
@ B % and Thomas Sbeae 70 deliver INTO III. possession certain
] ana ana 1 & % b SS@e S 5s % & an and i by virtue
The preceding. In enspie The case s presented the papers .
November 1861; aud several having been instituted against
an he giters made al assignment c all Their property
money pay fell paving an
debts, sloud be distributed equally among all Of the creditors
h the o The Clerk Of the City and County Of New York and within
complete uynor an their estates real and perona and of all their
r~ to ea,cr bonds good sacent security faith
m se OF m ,T ,S to S tns a@on' OF OF 1900 @ 5 d3e % e
n tle Ca'el States lI'. Ioapan 9Ge 5000 awaiting de@oa %
or BAD no intention expectation Of applying for the
ans reason for the beHef that any saeS intention exist
Stor coming 10 an ssHee in Inkptcy IS denied bv the parties and
there IS no proof in e case TO the contrary Ise nosnt .eo,s not
@ s s1 I bI e ssSt of Of the creditors or the PAYMENT Of %
coats on ag dollar applied iR February ioosing BY petitions for M lse
oi1ai month ne G,o" upon 1 state Of t1e ne hsI, Is tb i
@ question 70 be ur ted With fraud either against creditors
against tie Bankrupt Which is the present position Of lbe case We
d nothing a The r3'iion Of ne law which would s' S Us 70 3
& assignee in hankmIicy and must therefore deny The
yI Sy q T VI in tbis c,ee s 6si nv an assignee in
iaukrupc TO compel creditors bills against the bankrupt
hplont,l Ieoe su ~ "a @ " ,bj On Le Sin " Top1arr
1857 AnireS Ber the bankrupt being nsoyeHt made an asment
snIVE & & n ' I Crss B HoStwcs one Of The present de-
sp wa. sp recey r aad on the 18th Of March 1853
cumenei Common Pleas ohe City and County Of New
lie aseis: aud spta proceedings were had, that the
sd Of December following judgment S.,sr, was rendered f,u T.
u,n void again creditors From this Judgment MneS the as
sg, appealed Appeals where the case is still pending
In Juu,r 1903 debtor adjagd bankrupt and the
epnut appointed assignee seeks to obtain possession
ne and the right to which bad passed t. BostWc
tb receiver t the creditors hills The hng Of these %
soung 10 te NcSyo gave lien the assets OF ne
gmut creditors; and the receiver representing their interests mas
see been diligently engaged esvOrg TO reduce them p
apply the payment Of the uduner is dhu 70
ssguee bsukr to this property 1s
devoted by The M payment Of the debts Of those Judgment ed
attached bankruptcy The
,rt, creditors have been subjected very considerable
t else already the litigation; ard have succeeded IN the
fraudulent and thereby
giving ther against the property Whether they VIII
benefit their and trouble must depend On he ue
Of The appellate Court II seems 70 ms that they are entitled at
csuce and the baukupt neither ent
hmsef position deprive them Of H. The question IN
vovr etto this property is IN the state Court where belongs
viii be conclusive the right II 10
Of The Court below, the popery VIII be Sp
the satisfaction Of The judgments the creditors msih IN
fyor II the validity oftae reut will take the direction
he created the assignment The right 20 this property
ei1r- the assignee IN bankruptcy appeared, and before
paa-e s Bankrupt law. The motion dissolve the in
i...f al