, 1870-01-13

se.a opoa tudRneat oontes.td. Tns ooas.o
eomu Icing IN u raj oi lid, and caimtnsa dSs
mont nay, 1se1. Tbs oefeudaas Vas tue nanErr
s 'na nu. ~ sss e
4 ;ssSs ;ns .as Us ~ ;sss3s
i6.s :, t1r,y II u Ha.cn, ard ras sd oi Msscs
.hs1 give tadgEont mute TO Hotcnklas + sonL
Nao ee5e made defeutan.s sa tue n,ll. upon sh,ch
5,0A hsss1sF. eEtno'oal1y !n dispute. l. MAY.
1881. re P1tsdeps OF me Trraefs' Beuk, from
tion - o thc rtanoli Of tas debtors. tho baak
be1cg ,heir prir cpsl creditor. In se1porsa 70 N
application uade BY Rim, Ihs debtors rendered .
s1s,oee on xticn to SCI, TIT President 81 tes
bank seen Cd 70 b., for lhe time, coulent ssh this
snowing. and b. s11efs between the putes COZ
ioln alton u iuduced him TO relieve thsf tne
balnr CO 'rheet PIE enred was ulfa 'thtuL The
boott eereI Of inc indebted r1m nad Ahsconood.
nade an error IN tho credit Of hts principals Of
t1o.tte wherefore 'htlf mtrutn wns reduced to
t3,oeo. The "a Ptesldeut thus was alarmed ~
to tue tafety Of Tho 1nlututton's balauco. and he
TOOK imHetsate Eeaao1es TO gecurn telUourte-
uent During the space Of uEe Occupied IN these
III fsst;oss A,tenc2es Endcots had not hon.
due. Toe Ffeatdens Ct me bauk though taas
strong me4surea were Necessary TO be taken 10
e e. soo5ss sses q: su
A9utntt The debtoEs, and caused = aapias
,f,na e Il 1ps re- saa!nat hss1eosI alleging
ptrpose OF decetvng c1edItora, Service OF process
WAS bad on both the psr1ne1a and In comp:ou uise
they beth signed Judgment note covering the
anount OF their Indebtedness to the bAnE, Hitch
cock sierlpR to Avold imprisonment, Rnd Eudtcott
sssentEg bec1nsa ne believed he ~as tmplica ed.
The 91og1snt ,s1a va en!ssed up, levy waa m.de.
before tpe Bankrupt law vent into effect 81 TO tue
ding Of pctiron& As soon Is ,he law went INTO
eject, Hitchcock and Rudicort applied to be edj1.
dieatet bsLkEupte, ous they dlsmltaed tnelr VOL
bill 10 recover followed tbe latter cause.
The c4tf raned several queatioul:
I. Whether this sctiop IN the execution OF this
war11nt Of attorney By 81 chcock 1 Endlcott was
In violation Of the provisions Of the bankrupt law
ed BY their acton ia such Ts5 a. T 70 prevent r. Is
from aras1tng isself OF the properly or money OBJ
Incidental to these .quesuons grow ont the H.
quil1es ~hethet the debtors were tusolyrnt at the
Tune tne !1dgEeut note was given.
son TO believe they Wefc 60. r..
Whether Hitchocck l. Eudeott suffered their
Property TO te taken ~ execution.
we1e lo7e:t sId tsas Il tes % dad % res.ea Doe % BE-
lleTa otherW Wlse, Is they Wefe not meeting their
Commercial! paper, and had previously given a ajudg.
.uh.dsrJ po;nt tne Court found 1aat tie acts Of
the Prettdert Of the bank proved knowledge OF
their insolvency on tue part Of the defendant.
ARD, upon the third point OF this class tue Court
fouLd thai, v1eRtpg tho difference between tne
action OF sunerarce and procuHtg, the nrst being
q passive 1ci. they were gul ty, tnasmuca ~ thr
signing OF the note w8s Lot uuder duSe3s, but
only TO prevent Incarceration.
On The ma!n question the Court held that The
signing Of the warrant Of the attorney, there bo-
Il 10 dulefH, and the parties WHO aiSned be,hg
lrtolvent, without reakoo to believe that they
cocid pay their debts, within the ac'. Of which
fact Of Efolvency under the evidence OF ns acts.
tue Presldebt Ct The bank being = -ase the de-
Ierdaht uust also be held TO be coknIz ant Sctuat
fraud vas pot proved. The necree WIS ordered
10 charge the bank With all It had received under
the judgment confested, With intetesr.
IN BAEkKCrTCY.
Petitions for Ulschaygf-THofnAs .. Norris. Of
Chicago: JaTes Robertson, OF Chicago; Na.han
T. Fitch, OF Chicago.
:. Objections to G1echa.ge-John D. G Weld, Of
Utica, Lasalle County, by William r. SAckett, 4 /
.ledltoE,