Page:Federal Reporter, 1st Series, Volume 1.djvu/94

86 FEDBBAL REPORTEE. �what foUowed, and it is quite evident that in the emergency it was by these judgment creditors deemed wise strategy to move unitedly for the accomplishment of the desired resuit. �There is testimony in the case to the effect that before suits were commenced by these judgment creditors the bankrupt begged further time from one or more of them; a fact which, if true, ought to be regarded by the court as a cireumstance tending to repel the other theory of the case. But the testi- mony leaves it in serious doubt whether there was any very earnest expostulation after the Buits were commenced, and it afSrmatively shows that the bankrapt made no intercession with his father for further leniency, although he testifies that his father was a wealthy man in the state of New York. And the claim that after the suits were begun the bankrupt requested further delay, is quite inconsistent with his suppres- sion of the fact that the suits were pending when he was inquired of by his creditors ; and it is worthy of notice that, in his answer to the petition in bankruptcy, he in express terms admits that he was willing, in case he must fail, that the creditors who have recovered judgments should be paid in fuU, but he denied that he made any suggestion to any or either of them, directly or indirectly, that they bring suit and recover judgments, or levy their executions on his stock. And in his testimony in the present case he states that he had no particular desire in relation to those who sued him, except one, his sister, from which the implication foUows that he had a particular desire with reference to the sister who had sued him. �On the whole, my opinion is that the cireumstances of this- case lead to the conclusion that the seizure of the bankrupt's property to satisfy the judgments in question was facilitated by the bankrupt; that the law was transgressed, and that these judgment creditors have secured illegal preferences, and in so holding I am not unmindful nor unappreciative of enunciations of the supreme court in this class of cases. I aeknowledge the principle, so strongly enforced by that court, that something more than passive non-resistance in an insolv- ent debtor is necessary to invalidate a judgment and levy ��� �