The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-15
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT cuusr-IH BANKRUPTCY.
Imp0rtant Decisions.
Before Judge BlatchfOrd.

4mPOrtN0t DcClosOubs
Before Judge Batchf0rd.
n the Natter OF Aorana B. Prest0n-The Court
decides that the specifications in the case are not
supported by the evidence and that the bankrupt
must amend mis- schedule Of assets by inserting his
claim against the estate Of John Turner When that
shall have been done discharge VIII oe granted. ~
Judge Blatchford has decided that where the as
sgnee takes possession Of leased premises OF the
bankrupt ne Is bound to pay rent from fhe time OF
the assignment TO the period he gives up the premi
ses, and no longer.
judicial Structures ON Money Lenders.
In me Halter Of Ed,card Robinson ana EnOch
Chamberlain BankTupts-Judge Batchf0rd, in
rendering decision in this case, rejects pretty
severely upon the action OF opposing creditors. He
says
The first specification in this cause is to the effect
that both OF the banKrupts, on their examination be-
fore the Register in this case wifuy swore falsely
In regard to material facts concerning their estate
and debts. Under this specification there are twenty
Subdivisions, fourteen Of which specify instances OF
alleged false swearing by the bankrupt Robinson,
and six Of which specify instances Of alleged false
swearing by the bankrupt chamberlain. There Is
nothing material in any OF these matters. They re-
iaie to transactions between the bankIup,s ana WI
pally and TO the manner III which certain indebted
ness then created on the part of the bank
rupts to Cort arose. That Indebtedness Is
paid and il no longer in existence On the
facts If they material lam satisfied on the evil
dence that the version given by the banKrups fs the
true one. The examination OF the bankrupts aud
other witnesses pursued by the creditor with an
evident malice towards the bankrupts, and In a
spirit OF recklessness little BETTING Judicial inves
tigation but quite consistent with the character OF
money slender who eXacted from the bankrupts the
sum OF three hundred ami fifty dollars for the loan
OF twenty.eght thousand dollars for four days, being
at the rate OF over lib per cent per annum. The
manner, too, In which the creditor manipulated and
procured some of the testimony put in on his part,
that bOV CUNNINGHAM. SaVOrS
very much OF criminal offence. The principal
Witness on whom the creditor relies to sustain
his account OF the transaction covered by
the first specification Is Mr.. John X. Pluyn,
president OF the Central Bank OF Brooklyn,
who does not present himself in q favorable light
inasmuch AZ 1t appears that he received compensa-
ton an individual from Cort Tor lending 10 COrt
the money OF the bank OF which he was presidentss
grave an offence as can be committed by any one IN
position OF trust. AS TO Cort his entire testimony
shows him to be wholly unworthy Of credit. AS to
the second specification that the bankrupts have
concealed and refuse to account for 900 OF quar-
termasters certificates or government vouchers,
there is no testimony to sustain II, and the alega-
ton ia wholly disprOved.
The third specification that the bankrupts have
wifuy sworn falsely IN the adavit to the schedule
Of assets attached to their petition BY not including
therein the said $34 900 OF quartermasters' certi
Gates or the proceeds thereof Is not sustained mas
much as it Is shown that they had no such property
n the time.
The fourth specification, that the bankrupts have
concealed their books and writings relating to their
estate and effects, Is unsupported The fifth, that
Chamberlain has concealed an interest in house
and lot IN Twentythird street. IN New York, is not
sustained. The sixth alleges that chamberlain will
fully swOre falsely in his adavit to the schedule OF
assets attached to his petition in not including said
house and lot IN twenty third street. The conclu-
sion as to the fifth specialization disposes OF this
branch Of the sixth. The sixth specification also
AYERS that Chamberlain wfuly falsely In said
affidavit In moi setting forth therein claim against
one Morris, The evidence Is that no such claim ex-
listed.
The seventh in relation to the concealment by tile
bankrupt Chamberlain Of books and writing, Is not
sustained.
Discharges will be granted to both Of the bank
rupts when the Register shall have certified con-
JOrmIty, and decree will be entered that the bank
rupts recover from the opposing creditor the costs
OF resisting his opposition to their discharge to be