IN BB TOWNSEND. 667 �■with ordinary accuracy and particularity. Mr. Townsend, succeeding to the business, took up and continued the same books. His final interest in the concern was a contingent one, and, as it proved in the end, the trustees of the company were ultimately interested in their contents. �If we were disposed to be teohnical we might suggest the query whether these books, in any proper sense, can be called the bankrupt's books ; but we waive that question. The books were, with all other property, credits, etc., tumed over to the trustees of the creditors, and, upon a fuU and searching ex- amination of the bankrupt, in open court, he bas cleared up whatever might need explanation. �On this point the court is f ully satisfied that the formai objection of not keeping proper books of aceount bas failed. �Specification 4. The substance of this specification is the wilful coneealment of property. On an examination of the «vidence submitted, the court does not think this specification is sustained. �Specification 5. The court does not think that there bas been such fraud and negligence in not delivering his property to his assignee, as charged in this specification, as to prevent his discharge, if that deficiency is corrected by obeying the orders of the court to amend his schedule in that behalf, and he is otherwise qualified. �Specification 6. Property wilfully omitted. This specifica- tion is answered by the order of this court requiring of the bankrupt to amend his schedules in that behalf. Under this specification we observe that there was no such wilful omis- sion as should deprive the bankrupt of a diseharge, if other- wise entitled to it. �Specification 7. Proper books of aceount not kept. This specification is already disposed of by the remarks heretof ore made. �Specification 8. Is indefinite, imoertain, and faulty in all respects. It does not specify properties or moneys con- «ealed, times, places, or any circumstances, such as demaud «,n answer. ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/574
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