Page:Federal Reporter, 1st Series, Volume 8.djvu/282

268 FEDERAL REfQBTER. �especially, confirmed as it is by the amount' of their joint liabilities ^s set fortli in their pchedules. �The case of Cote, 2 Low. 372, is relied upon as requiring the court to hold that these bankrupts are not to be deemed tradesmen within the meaning of the bankrupt act. Cote was a farmer, and— " Several tiines in each year visited Canada, purchasing horses, cattlej and some- times hay for use on his farm, and partly for sale. His dealings were for cash. There was no evidence that his failure was eonnected with his buying and selling. There was some conflict as to the amount of his dealings." �The present case is by no means a parallel one. Here, the whole amount of the joint indebtment of the bankrupts is on acoount of their purchaaes of stock, and it is a large sum for this class of debt- ors to be owing in this district. The business thus transacted by them must have been at least $2,500 per year, which was without doubt six or eight times more than the value of their farm products. Considering, therefore, that by reason of their thus carrying on the butchery and stock business they have thus become so deeply in- volved, and that if they had not followed this business so extensively they would not have contracted these debts, and that their business was 80 conduoted for the profits which were expected by the bank- rupts to be realized therefrom it must be manifest that this had but little connection with their farming operations. The farming was secondary and merely incidental. Their stock trading and butcher- ing occupied the most of their time, involved much larger receipts and disbursements, and was in fact the principal occupation of the bankrupts and the cause of their insolvency. �In Boston Daily Advertiser, of May 26, 1881, is found a report of the case of In re Kimball, decided by Lowell, J., Mass. Cir. Court, May 25th. This was a petition for a reversai of a decree of Nelson, J., granting a discharge to the bankrupt. �" The bankrupt was a teamster, owning many horses and carts, and engaged for years extensively in this business. "When it became slack, he took to sup- plying certain friends and neighbors with hay and straw. He did this to keej) his horses and carts employed, and when he sold at Wholesale, he chargcd only enougli above the cost to pay his usual charges for teaming. He also sold sometimes at retail. �It was ruled, in the district court, that he was not a trader under the bankrupt act, and this decision was affirmed by the circuit judge, upon the ground that the business of the bankrupt was that of a teamster, and his dealing in hay and straw, although to a large amount in some years, was, in fact, prosecuted by him in connection with and as a portion of his business as a teamster, in furnishing ��� �