Year: 1868

Important Decision with Respect to Impeach-


ment of Discharges in Bankruptcy.


Yesterday morning Judge Blatchford rendered the
following decision in the case of Charles II. McIntire
whose discharge in bankruptcy it was sought to
break on grounds which were reviewed as sub.
joined -


/. The proceedings in the case were regular, and
the discharge was properly granted. The specidca-
ton OF grounds Of opp. sition to the discharge
were too vague and general to be triable. The
attorney Tor the creditor had ample opportunity
after the decisions Of the court on the ques-
tion OF the suflciency Of the specifications were
granted to apply to the for leave to amend the
specinoations, and the facts in evidence show that
attention was called to their probable insufnciency.


2 II there had been no laches In the case, still the
petition now presented that the discharge be va
Gated and that the creditors be allowed to file
amended specifications and oppose the discharge,
sets forth no specific ground Of opposition, 1t is
merely sets forth that the attorney for the credi
tor believes that If the case is tried on its merits
it can be shown that the bankrupt has large
put in his schedule OF assets or passed over to the as
signee in the Even II this is to be regarded as
an averment that the bankrupt had such property
when he filed his petition, 1t is too vague to found
any action OF the court upon. The discharge would
have been granted notwithstanding so vague spe-
cifcation and, having been granted, it cannot be
impeached on petition containing only so vague an
averment.


g. / have looked into the testimony of the bank
rupt taken before the Register in this case and his
testimony taken on the supplemental proceedings in
the State Court, and can see no ground for queS-
toning the bona fide, fairness or validity of the
transfer of his property to his brother In August
1862 and no reason to suppose the bankrupt failed to
insert In his schedule of assets all the property he
had at the time, or failed to deliver to his assignee
the property he was bound to deliver to him.


The prayer OF the petition is denied.


+. G. Nye for the bankrupt; Salter Cowing for
the creditor.


Decision With Respect to Unavailable Assets.


IN the Matter or Oltrer W. Dodge, Bankaupt.-In
this case, which was referred to Register Allen, it
was discovered in the course Of the proceedings that
the only assets In possession Of the bankrupt were
certain notes. accounts and claims, all past due
and unpaid, and which passed to the assignee, Mr..
Sedgwick who has not received paid any
moneys whatever for or on account of the bank
rupt Some creditors having proved their claims,
and more than sixty days having elapsed since
the adjudication OF bankruptcy the Register,
with The consent OF counsel for the bankrupt,
submitted the case for the opinion Of Judge Batch.
lord as to whether, under the twenty ninth section
OF the act, the bankrupt get his discharge. The
Judge rendered the following decision:-Where at
the time OF the application for discharge the
signee has neither received nor paid any moneys
account OF the estate the case Is to be regarded
one In which no assets have come to his hands
within the meaning OF section twenty-nine Of the act.
rms Is the nerpre Ion given TO such expression,
mo assets, by the justices OF the Supreme Court.
Form No. 81 is headed, .'Assignee's return where
there are no assets" and that form consists merely
oil the oath OF the assignee that he has neither
celved nor paid any moneys on account OF the es
tate.v