Page:Federal Reporter, 1st Series, Volume 1.djvu/848

 840 FEDERAL REPORTER. �In re Borst, 11 N. B. E. 96 ; In re Ecad, 19 N. B. E. 232. But as the case is still before the register it is competent for the court, if justice requires it, and if by mistake, accident or otherwise, under the notices given to creditors of the hearing on the application for a discharge, creditors have failed to appear, to direct a new notice to be given, so that a just and fair vote of the creditors may be had. The case is under the con- trol of the court, and creditors who show sufficient cause for their not appearing may be relieved. In this case it is proper that, after the determination of the much disputed question of the firm's liability litigated upon the re-examination of Morris Ketchum's proof of debt, a new notice should issue, that other creditors in the like position, but not named in the schedule, may bave an opportunity to be heard. �Ordered, that the register adjoum the proceedings on peti- tion for a discharge to another day, and that a new notice be issued to creditors to appear and show cause. ���In Re Ketchum. Wisirict Court, S. D. New Torh. Fcbruary 6, 1880.) �Bankbupct — Beat m New Yokk Stock Exchange. — A seat in the New York Stock Exchange is property which passes to an assignee in bank- ruptcy, and the court will require the bankiupt to make a trausfer of the same. �0. E. Bright, for assignee. �C. W. Betts, for bankrupt. �Choate, J. This is an application for an order reqtùring the bankrupt Ketchum to make a transfer of his seat in the New York Stock Exchange to the assignee in bankruptcy, or to such person as the assignee may procure as a purchaser of the seat. The real question is whether the right or privilege, which a bankrupt holds as a member of this stock exchange, is to be regarded as property which passes to his assignee in bankruptcy, under the bankrupt law, for the benelit of his creditors. If it is, then whatever it may be necessary for the ��� �