New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-05-11
TIE CnuRTs.
United States District COurt-In Bank
ruDfcy.


United States District COurt-In Bank
ruDtey.
The following important decision touch
ing certain applications of the bankrupt
law was rendered on Monday last:
In the matter of A. S. Mansfield, bankrupt.
In bankruptcy, No. $50.
On exceptions to petition for annulling
the bankrupt's discharge
Durell, Jon the twenty-third of March,
1865, suit entitled ''the United States VS..
the steamboat Rob Roy and cargo was in
stituted in the then United States District
Court for the Eastern District of Louisiana,
wherein il was sought to forfeit said steam
beat and cargo Of ll40 bales Of cotton as
enemies property, because said cargo
had been sought for, obtained and brought
on board said steamboat from within
territory held in occupation by armed enc
mics Of the United States, declared TO be
in a state of insurrectOn." The boat and
cargo were seized, and subsequently, re-
leased on bond to one AS. Mansfield, the
claimant thereof.
-,lr The cause was tried in this court, and
decision rendered therein adverse to the
United States. Additional evidence having
been produced in, the circuit court, on ap-
neal, the decision of the district court was
reversed, and a decree of condemnation
rendered on the twenty-seventh day Of
May, 1870.
In the meantime, and while said proceed
ings were being had in the circuit court,
TO wit: on or about the first Of June, 1868,
said Mansfield filed his petition in this
court, praying to be adjudged bankrupt
and was so adjudged on the ninth day of
June, 1868. On the thirtieth day Of June,
1869, said Mansfield was, in due course of
law, dischargedsfrOm all debts discharged
Bile under the bankrupt act.
On the third day of May, 1870, said Mans
field fled in the circuit court the following
plea, in bar to the suit of the United States
VS. the steamboat Rob Roy and cargo, then
pending in said court, to wit:
"And the said A. S, Mansfield. by his at
tOrneys. AYERS that, on the thirtieth day Of
June, 1869, discharge was granted him in
the words and figures set forth in the duly
certified copy Of the decree hereto annexed
and made part hereof; and he pleads said
discharge as full and complete bar to this
suit, wherefore he prays Judgment, if the
said United States ought TO have or main
tain the aforesaid action against him."
On the twenty-seventh day of May, 1870,
the Judgment Of the district court was re-
versed the libel sustained, and the Rob
Roy and. cargo condemned as forfeited to
the United States. This Judgment fixed
the liability of Mansfield under the release
bond On the eighth day Of june, 1870, the
circmit court Overruled Mansfeld's plea in
bar, and gave Judgment against him upon
the release bond for the sum of 500, 982 %,
with five per cent interest thereon from the
twenty-fOurth March, 1865, till paid, and
cost Of suit. On the twenty-frst day of
April, 1871, George s. Boutwell, Secretary
Of the Treasury of the United States, for
and in consideration of the sum Of $4,000
paid into the treasury Of the United States,
transferred this second judgment in favor
of the United States to Stewart O. Coch-
rane, who, by motion, entered and filed in
the circuit court on the twenty-seventh
day of May 1871, caused himself to be
subrOgated to all the right, title and inter-
est of the United States in and to said judg-
ment.
On the same twenty-seventh of Nav,
1871, Cochrane fled petition in this court
in the matter Of Asahiel S. Mansfield,
bankrupt, to set aside Mans6eld's dis
charge.
1t is not necessary TO enumerate the many
allegations made and contained in said pc
titiOn, nor to notice the exceptions taken
and answers fled by Mansfield in avoid
ance of and responsive thereto, except as
to the one question: Was the debt set forth
In the petition Of s. @. Cochrane provabie
in the bankruptcy OF A. 5. Mansfield
Section thirtY-f0ur of the bankrupt act
provides, "That any creditor or creditors Of
said bankrupt whose debt was proved or
= DrOvable against the estate in bankruptcy,
who shall see fit to contest the validity Of
said discharge on the ground that it was
fraudulently obtained, may, at any time
within two years after the date thereof
apply to the court which granted 1t to set
aside and annul the same" Under this
section COchranes petition was fled.
Section nineteen provides ''that all debts
due and payable from the bankrupt at the
time of the adjudication Of bankruptcy, and
all debts then existing. but not payable un-
til Q future day, rebate of interest being
made where no interest is payable by the
terms OF the contract, may be proved
against the estate of the bankrupt"
Mansfield was adjudicated a bankrupt on
the ninth day of June, 1868. A decree was
entered granting him his discharge on the
fhirtieth of June, 1869. During all this
time the suit of THE United States against
the Rob Roy and her cargo" was pending
in the circuit court 1t Is to be remem-
hered that Judgment was rendered in the
district court against the United States and
in favor of Mansfield, the claimant restor-
inc to him the property libelled, and that
said Judgment was reversed IN the appellate
court, on the production OF evidence not
produced in the lower court. Certainly
during the tendency Of the appeal in the
circuit court, and until the Rob Roy and
cargo were adiudged forfeited to the United
States. on the twenty-seventh day Of May,
.I87Olthere was no semblance of any indebted
ness due from Mansfield to the United
States. which could have been proved
against Mansfeld's estate, on the ninth day
June. 1868, the day on which heiwas adjudi-
Gated abankrupt.
Further the Judgment rendered on the
twenty-seventh Of May, 1870, was not per
sOnal judgment against Mansfield, condemn
ing him to pay any certain sum Of money,
but Judgment against the Reb Roy and
cargo as forfeited To the United States. In
order to obtain Judgment against Mans
Meid. further proceedings were 20 be had
and, accordingly, the conditions of the re-
Lease bond not being complied with, further