Page:Federal Reporter, 1st Series, Volume 10.djvu/395

 IN RB V?OLFE. 883 �tiie siimac to Mr. Elton, who united with Mr. Smith in the bond — leaving him to apply it to the joint obligation. The defendants could dispose of it as they saw fit, and did so. �They must be held accountable for the net proceeds of the 90 tons received undef the circumstances stated. . McKennan, C. J., concurred. ���In re Wolfe & Co., Bankrupts.* �IDtBtrict Court, E. D. Pennsylvania. Deceraber 14, 1881.) �1. DisciiAnQB — Delat in Application — Final Disposition or Oaubb. �After an adjudication inbankniptcy in an involuntary proceeding a meeting of creditors was held, an assignee elected, and a deed of assignment to him executed by the register. The assignee never expressed acceptance of the trust or entered security or flled an account, but, being also assignee of the banlt- rupts iinder a voluntary assignment for the benefit oi creditors made prier to the bankrupt prooeedings, he settled the estate and flled his account in the Btate court. The bankrupts then flled their petition for a discharge. Subse- quently the state court, having confirmed the assignee' s account, discharged him from the trust. Hdd, that the bankruptcy proceedings muat be regarded as having corne to an end by abandonment prior to the petition for discharge, and that the petition was, theref ore, not presented before the final disposition of the cause, as required by act of July 26, 1876. Held, further, that even if the proceedings could be regarded as still alive, the petition would have to be dis- missed for non-compliance with the bankrupt laws in prosecuting the case. �In Bankruptcy. �Exception to report of register upon application of bankrupts for discharge. The discharge was resisted on the ground of unreasonable delay in applying for it. On this point the register reported as f ollows : �"A petition was filed against the bankrupts November 17, 1873, and in Jan- uary, 1874, John Dobson was appointed assignee. He does not appear from the record to have accepted the trust, although an assignment executed by the register is among the papers. He had been, by deed of the bankrupts of Octo- ber 24, 1873, vested with the title to all their estate in trust for the beneflt of their creditors. He proceeded with the settlement and flled his account in the court of common pleas No. 4 of the county of Philadelphia in December, 1876. It was referred to Wayne MacVeagh, Esq., as auditor. The auditor's report was flled in said court March 19, 1878, and confirmed nisi. On May 1, 1878, the bankrupts flled their petition for discliarge, and on July 10, 1880. �«Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ��� �