Page:Federal Reporter, 1st Series, Volume 4.djvu/538

524 FEDERAL REPORTER. �Kraft for the adjudication of the firm was filed August 10, 1878. �Of the specifications filed by the contesting creditors they now rely on three only : First, the transfer of certain skins to a crediter, Goodenough, shortly before the making of the general assignment, with intent to prefer him; second, the failure to keep proper books of account, and especially in that the bankrupts kept no cash account ; and, third, the making of the general asssignment in contemplation of bankruptcy, and with intent to prevent the property from ooming to the hands of the assignee in bankruptcy and being distributed under the bankrupt law. �1. The transaction with Goodenough was not a fraudulent l)referenoe, upon the evidence, so far as Kraft was concerned. He then believed the firm to be solvent and able to go on in business and pay ail its debts. �2. The books which remained after Beaman absconded were not proper books; within the meaning of the statute. But, upon the evidence, it is clearly.proved that there waa another book kept by him and which disappeared with him. And the evidence is> I think, sufficient to show that this book contained the cash transactions of the firm ; that it was kept by Beaman as one of the firm books; and that the en tries made in it supplied what was wanting in the other books to constitute them ail together proper books of account. �3. In respect to the general assignment it is insisted on behalf of the bankrupt that it was not made in contempla- tion of becoming bankrupt, or for the purpose of preventing the property from coming into the hands of their assignee in bankruptcy, and of being distributed under the bankrupt law ih satisfaction of their debts. �It bas been too often held, in this district and circuit, that the intent to have the debtor's estate wound up and distributed under a general assignment, by an assignee named by the debtor, constitutes an intent to prevent the property from coming to the assignee in bankruptcy and of being distributed under the bankrupt law, to leave this an open question in this court. Platt V. Preston, 19 N. B. R. 244, and cases "cited; In ����