Page:Federal Reporter, 1st Series, Volume 1.djvu/846

 838 FEDERAL REPORTBB. �no such property, cannot be drawn in tlxis case, beeause, on the proofs, Franklin M. Ketchum knew and sought to know nothing of the financial aiïaira of the firm. He left ail that to Belknap, The firm bought and sold and held in their own right stocks. For aught that Franklin M. Ketchum knew Belknap might have bought these stocks for the firm. The circumstances were not such, if they had been known to him, as to justify any inference that the securities were contributed to the firm by Belknap. I see no reason, therefore, why the firm should not be held liable for the conversion of these securities, �It is unnecessary to consider the further question raised and argued whether the entry of these claims as debts in the bankrupt's schedules were such an adoption of them as would alone make the firm liable. �The proofs of debt may be amended conformably to this opinion, then stand as valid claims. ���I*N THE Mattee of Franklin M. Ketchum and others, Bankrupts. �(Dktriet Court, 8. D. New York. January 12, 1880. �BaîTKEUPTCT — PETITIOIf FOB DiSCHABGE— NeW NoTICB TO CrEDITOES. �While a case is still before a register it is competent for the bankrupt court to order that the register adjoum proceedinga, on petition for a discharge, to another day, and that a new notice be issued to creditors to appear and show cause, where a bankrupt flrm bas been held liable for a doubtful but duly scheduled claim, in order that other creditors, in the like position, though not named in the schedule, may haveanoppor- tunity to be heard. �0. -E. Bright, for motion. �a. W. Betts, for F. M. Ketchum, �C. W. Bangs, for Morris Ketchum. �Choate, J. This is an application of one Elizabeth Wyck- off, an alleged creditor of the firm, who has filed a proof of debt sinee the adjourned return day of the order to show cause, upon the petition of the bankrupt Ketchum for his discharge, to be allowed to file it nuna pro tune as of the ��� �