Page:Federal Reporter, 1st Series, Volume 1.djvu/255

IN BE PETES HEKDIC. 247 �specification. Of such knowledge ou the part of the bank- rupt there is no evidence. Gibson's proof, indeed, was sworn to at the office of Mr. Herdic, before Mr. Hinkley, a notary public, who had been, and perhaps then was, in the bank- rupt's employ. But it does not appear that Mr. Hinkley had any reason to doubt the correctness of Gibson'a ciaim. Mr. Herdic himself took no part in the preparation of Gribson's proof, did not examine it, and was not consulted with respect to it. �The tenth specification charges that the bankrupt, being a merchant, has not at all times since the second day of March, 1867, kept proper books of aocount, in that such books do not show what moneys were received and what disposition was made of them. And the eleventh specification charges that he has not kept proper books of account, in that on the twenty-sixth of August, 1878, three days before the filing of bis petition in^bankruptcy, he caused 15 pages of entries to be made in his day-book of business transactions, amount- ing to at least one million of dollars, and most of said trans- actions having occurred several years prior to said entries. �These specifications designate the bankrupt as a "mer- chant;" and the evidence, I think, does show him to have been a dealer in lumber, as a merchant within the meaning of the bankrupt law. His transactions in lumber seem to bave been principally as a partner with other parties, but to some extent he was individually a dealer in lumber. Be- sides his dealings as a lumber merchant, Mr. Herdic had very large business transactions. He extensively bought and sold real estate, was largely engaged in laying street pave- ments, and carried on other enterprises of magnitude, whioh had no connection with his business as a merchant. �The bankrupt law withholds a discharge "if the bankrupt, being a merchant or tradesman, has not at all times, after the second day of March, 1867, kept proper books of account." This requirement applies only to marchants and tradesmen, ^Blumenstiel, 521,) and as to them must be understood as requiring the keeping of proper books of account only in re- spect to the bankrupt's business as a merchant or tradesman. ��� �