Page:Federal Reporter, 1st Series, Volume 10.djvu/289

 IN BE BOINTON. 277 �although fliat was not the precise question in the case. "There can be no doubt," says Mr. Justice Miller, speaking for the whole court, "that the incorporeal right which Fenn, the bankrupt, had to this Beat when he became bankrupt was property, and the sum realized by the assignees from its sale proves that it was valuable property. Nor do we think there can be any reason to doubt that if he had made no such assignment it would have passed, subject to the rules of the stock board, to his assignee in bankruptcy." �I am aware that In re Sutherland, 6 Biss. 626, Judge Blodgett seems to have corne to a different conclusion. I have read the case with-care, hoping to and some provisions in the charter of the Chicago Board of Trade to distinguish it from the case under consideration. Thia I have been unable to do; but Hyde v. Woods, supra, is subse- quent in date, and in questions of this sort it is my duty to follow the supreme court. The district court of the United States for the southern district of New York, in February, 1880, made an order requiring a bankrupt to vest the title to his seat in the New York Stock Exchange in the assignee in bankruptcy. I think the present application falls within the principle of that case, and I approve of the reasoning of Judge Choate in his opinion granting the order. In re Ketchum, 1 Fed. Eep. 840. �Let an order be entered directing the bankrupt to transfer his membership in the New York Produce Exchange to the assignee. ���In re Jessb Boynton. �In re Lymah Boynton. �In re Boynton Bkothers. �(District Court, D. Rhode Mand. Pebruary 7, 1882. ) �1. Basrruptct— Resident Aliens. �Resident aliens may take the tenefit of the bankrupt act. �2. BaME — iNfellPPICIENT GROUNDS POB WrTHHOI.Dma DiSCHARGB. �Omissions from the schedule or inventory which were unintentional, the resuit of an oversight or mistake, and not wilful, should not bar a discharge. �3. Same— Patmenis through Inadvbrtkncb. �Payments made to employes several days before flling the petition, through inadvertence or a mistaken sense of duty, should not deprlve bankrupts of their discharge. 8o payment of attomeys' fees is not such a preference as will prevcnt a discharge. ��� �