Page:Federal Reporter, 1st Series, Volume 1.djvu/857

 ABENDEOTH V. DUBANT. 849 �himself, and to produee other testimony, he bas a sufficient opportunity to prove them so as to defeat a diseharge. But, if he has no knowledge whatever of the acts, his failure to file specifications is excused, and he will be heard to make the charge afterwards within two years. This seems to me to be the reasonable construction of the section. Any construc- tion, in effect, conferring a right to a new trial as between the same parties, upon the same case before tried, upon newly discovered evidence, would take from the discharge, as it seems to me, that finality which, except as to creditors really having no knowledge whatever of the existence of valid grounds for opposing the diseharge, it waa intended to bave. Petition dismissed. ���Abendboth ». Durant. �WiBtrict Court, 8. D. New Tcrk. April 14, 1880.) �Bankruptot — Rbs Adjudicata — Estoppel. — An assignee in bankraptcy is not estopped by the record of a Personal judgment. �Wm. H. Arnoux, for plaintiff. �C. Norwood, for defendant. �Choate, J. This is a suit brought by the assignee in bankruptcy of John Griffith and George W. Wundrum, who ■were adjudicated bankrupts as partners eomposing the fijm of Griffith & Wundrum, against the defendant, to recover the Bum of $955.15, alleged to be due for work, labor and mate- rial furnished by the firm to the defendant before the bank- ruptcy. The only def ence attempted is that the firm of Grif- fith & Wundrum consisted of John Griffith, George W. Wun- drum and William P. Abendroth, and not of John Griffith and George W. Wundrum alone, and that, therefore, the adju- dication of these two bankrupts as eomposing the firm, and the appointment of the plaintiff as their assignee in bank- ruptcy, are wholly void, on the ground that the statute only authorizes, in case of copirtnerships, the adjudication of �vl.no.lO— 54 ��� �