Page:Federal Reporter, 1st Series, Volume 1.djvu/250

 843 FEDBBAIi BEFOBTBB. �annul the general liability of parties under the common law, as well as under the commercial law. " It is proper to say that I do not attach any weight to the faet that the respondent declined to insure the deck cargo. The claim is not founded on the contract of insurance, but on the obligations which the law is supposed to attach to the relations of the parties. Nor do I consider it important that the under and over deck cargo belonged to the same person. The risk of that under was on the respondent, and if that above had been properly there — as m pursuance of general custom so to carry — the sacrifice of it for the respondent's protection would, I believe, render him liable. Decree dismiasing the libel. ���Im thb Matteb of Pktbb Hebdio, Bankrupi, IDittriet Court, W. D. Ptnmylmnia. February 14, 1880.) �BANKRnPTOT— Opposition to Dischakgb of Bankbupt— Bubden of FnooF. — Although suspicious ciroumstances may jn certain cases be sufflcient to autborize a court to flnd the concealment or fraudulent appropriation of moneybya bankrupt, yet it is well settled that the bur- den of sustaining specifications of objection to tiie discliarge of a h&ttk- rupt rests upon the opposing creditors. �Same— Pkopbb Boom of Account — Dischabob. — ^The provision of the bankrupt law wbich witbbolds a discbarge, "if the bankrupt, being a merchant or tradesman, bas not at ail times, after the second day of March, 1867, kept proper books of account," applies only to merchants and tradesman in respect to tbeir business as such merchants and tradesmeo. �In bankruptcy, on specifications of opposition to the bank- rupt's discharge. �Henry C. Parsona, H. C, McCormick and Mr. Cracker, for opposing creditors. �Clinton lÀoyd and John M. Kennedy, for the bankrupt. �AoHESON, J. Certain creditors of the bankrupt, Peter Her- dic, having ûled specifications of opposition to his discharge, they were referred to Frederick E. Smith, Esq., register, with directions to take testimony thereon and make report of the ��� �