Page:Federal Reporter, 1st Series, Volume 2.djvu/208

CRANE ». PENNT. 201 �frey, -who were or represented the largest of the other credit- ors, had no authority to act for ail the creditors. �It is expressly proved that there were several other cred- itors who had not even been yet spoken to on the subject. No doubt Mr. Crane and Mr. Godfrey aeted in entire good faith, and believedthat ail the others would unite with them; but 80 long as there remained any who had not given their consent to the propo'sed arrangement it bound no one, and any one who had consented was, in law, at liberty tp with- draw. However censurable in morals such inconsistency on the part of Mrs. Penny may have been, it cannot be said that she broke any valid agreement in refusing to sign the papers. She alleges, in her excuse, that the violent language of one of the other creditors towards her and her claim led her to dis- trust the good faith of the other party. But, however this may be, I cannot think that this change of purpose on the part of a woman is suffioient to supply the evident lack of proof up to that time of the essential elements of the intent to give and to secure an unlawful preference. �As the lien of the executions attached on their delivery to the sheriff, the f act that the last levy may bave been after the filing of the petition in bankruptcy is immaterial. There being no injunction from this court the judgment crediter could enforce her lien by a levy. It is, therefore, unneces- sary to determine the question raised as to the true date of filing the petition. On the whole case the complainants bave failed to prove the allegations of their bill. �I bave not referred in this opinion to ail the evidence, nor to ail the able arguments of oounsel upon the evidence^ but both bave been carefully considered. �Bill dismissed, with costs. ����