Page:Federal Reporter, 1st Series, Volume 3.djvu/511

504 FEBEBAIi BEPOBTEB. �3. Samk — Propek Books op Account — Burdeit ov Proof.— în thîs case the burden of showingto the court that the bankrupt's books of account were not properly kept lay upon the creditors, wlio alleged it In their specifications, when it appeared that full sets of books were kept by regular book-keepers, hired and kept for that purpose ; that suoh books were ail regularly turned over by the bankrupt, wlth the other property, to the assignee in bankruptcy, and kept byhim in his office, ail during the pendency of the bankruptcy proceedïngs, subject to examinatlon and inspection by the creditors ; and that when the proceedings in bankruptcy were closed, and the propertyall sold to one purchaser, under an order of the court, the aaid books were turned over to suoh purchaser, together with the other prop- erty. �'î. Samb — Samb — Omission op Entries. — The omission of the bankrupt to enter upon the books of the firra certain accommodation notes, given as an individual partner, would not, under the circumstances of this case, defeat his right to a discharge. �t. Hame — Same — Samb. — The receipt by the bankrupt ot money f rom an agent of the firm, and expended by himself personally in the business, and not entered upon the regular account books kept by the book- keeper, but entered on a separate book kept by the bankrupt, would not, under the circumstances of this case, defeat his right to a dis- charge. �In Bankruptcy. Decision of the court on the trial of the specifications. �Vilas e Bryant, for bankrupt. �J. G, Sloan, Baker dt Spooner and Judge Young, for oppos- ing creditors. �BuNN, D. J. So far as the allegations go, showing that the bankrupt made fraudulent preferences in paying some of his creditors in full before proceedings in bankruptcy were begun, î think the opposing creditors are barred on the question of time, the allegations and proofs showing that the preferences were made eight months previous to the filing of the petition. �As regards the conveyances made to his sons in the fall of 1875, allowing that the creditors are not barred on the mat- ter of time — and I am inclined to think they are not, though the acts complained of were committed eight months or more before the filing of the petition — still, I am not at ail satisfied they were made in contemplation of bankruptcy, or to pre- vent his property coming into the hands of the assignee, or ����