Page:Federal Reporter, 1st Series, Volume 4.djvu/818

801 fEDERAL REraRTER, �In re Beick, Bankrupt. (DisMct Court, D- Nm Jersey. November 29, 1880.) �1. Bankruptct — Paetnbbship Pbopertt.— Partnership property, as �well as individual assets, should be included iu the sclioUiles of a bankrupt. �Wilkins v. Davis, 15 N. B. R. 60. �2. Bamb— Tort. — An interest in an action in tort need not be included in �a bankrupt's schedules. 8. Bame— PARTNEESHip—ToEr.— Tlierefore a petition to vacate the dis- cliarge of a bankrupt, upon the ground that lie failed to schedule his partnership interest in an action of tort for fraud and deceit, will be dismissed. �In Bankruptcy. On petition to vacate discharge. �I. T. Easton, for petitioners. �Wm. L. Dayton, for bankrupt. �Nixon, D. J. This is a proceeding to vacate and set aside a discharge in bankruptcy. The ground alleged in the peti- tion is that the bankrupt •wilfully swore falsely inthe afSda- vit annexed to his petition, schedules, and inventory, in that he swore that the said schedules and inventory were a true statement of ail his estate, both real and personal, whereas, in truth, the bankrupt, at the time of making the affidavit and petition and inventory, had, together with another, an inter- est in a suit then pending in the supreme court of the state of New York, to recover the sum of $17,000 and interest, which suit was commenced on the fourth day of January, 1877, was pending and undetermined when said petition was filed, and the schedules and inventory were made, and was entitled Eiley A. Brick and William W. Campbell, plaintifs, and Frank F. Fowler, defendant, and that such proceedings were had thereon that a judgment was recovered on the tweuty- first day of April, 1879, in favor of the plaintifïs, for $17,- 869.85, for damages and costs; and that the bankrupt bas now, and had at the time of making the said schedules, in- ventory, and affidavit, and at the time of the granting of tha diseharge, an interest in said suit, and in the resuit thereof, of which his creditors were entitled to the benefit. ����