Page:Federal Reporter, 1st Series, Volume 9.djvu/388

IN BE HELLEB. 373 �In re Hblleb and another, Baakrapts. (District Court, J). Nm Jersey. October 17, 1881.1 �1. BahKRDPTCT— DiSCHAKGB OF THB BANKRUPT. �Where there are no assets, the bankrupt is entitled to his discharge on mak- ing application after the expiration of 60 days from the adjudication of bank- ruptcy, and before the estate has been settled and the assignee discharged. �2. Samb — Samb. �The right of a bankrupt to a discharge depends upon his own acts. Unless a party thereto, he is not bound by the acts of commission or omission of his former partner. �On Specifications against the Diseharge of Eudolph Heller. �jB. .4. S. Mare, for opposing crediter. �G. F. HUl, for bankrupt. �Nixon, D. J. TJnder the specifications and evidence in thiS case i think the hankrupt is entitled to his discharge. The objection, inter- posed by the counsel of the opposing creditors, that the petiti&n was filed too latej is not valid. It is true that no assets have coffie to the hands of the assignee, and in such a case the act orignally required that the application for discharge should be made withih ohe year from the adjudication of baukruptcy. Eev. St. § 5108'. But tlils provision was changed by the supplement of July 26, 1876, (19 St. at Large, 102,) in which the limitation of one year was dropped, and the application was allowed, where there were no assets, "at any time after the expiration of 60 days, and before the final disposition of the cause." I have heretofore held that this expression, "the final disposition of the cause," means the settlement of the estate and the discharge of the assignee. No such settlement or discharge has taken place in the present case. �The only specifications that the evidence tends to support are the two f ollowing : �(a) " That the said bankrupts have never delivered any of the bocks of account or writings of their flrm to Moses Mendal, the assignee in bankruptcy duly appointed by the court, though requested so to do by him, but have fraudulently kept, detained, and concealed the same; that such detention and concealmeut of said books of account and writings was done wilfully by said bankrupts, and for the express frauduleut purpose of concealing the condition of their estate and efOects, and to prevent and hinder their creditors from ascertaining the same, and to conceal their own fraudulent acts and doings in relation thereto, and to hinder and prevent their creditors from deriving any benefit therefrom. (6) That neither the said Heller nor the said Katz have delivered to the said Moses Mendal, assignee as aforesaid, their books of ��� �