Page:Federal Reporter, 1st Series, Volume 2.djvu/858

 IN EE HICK8. 851 �Bupposed Personal fitne83 in that departaient of business. At any rate, he was employed by them to sell their goods at his auction stand, in the course of his business. This was the sole purpose of the bailment. But this purpose was lia- ble to be frustrated if the landlord acquired the right to dis- train by reason of the auctioneer's advances ; for the right of distress involves the right to take the goods out of the hands of the tenant, and to remove them from the demised premises, and, after appraisement, to sell them. Such pro- eeeding would be wholly inconsistent with the nature of the bailment in this case, and in violation of the rights of the owners of the goods, and this whether such sale passed to the purchaser the entire title to the goods, or an interest therein commensurate with the advances. �And now, to-wit, June 11, 1880, it appearing to the court that the assignee has paid to the landlord the net amount realized from the sale of the goods belonging to the bankrupt which were upon the demised premises at the time of the bankruptcy, further relief under the prayer of the landlord'a petition is denied by the court. ���In re Hicks, Stewabt & Eosenberg, Bankrupts. {Dtttriet Court, S. D. Nm York. May 28, 1880.) �REGISTBR — SCMMONS — ^TbTISTEB UNDBB 8ECTI03!! 43 OF THB BANKPCPT �AcT. — A register in bankruptcy has no power, on the mere application of creditora, to issue a summons for the examination of a trustee, or for the production by him of the books and papers mentioned in the sum- mons, where such trustee has been duly appointed under section 43 of the bankrupt aot. �G. H. Crawford,îoi creditors. �C. E. Souther, for trustee. �Choatb, D. J. This case cornes up on a certificate from the register requiring the opinion of the court upon the fol. lowing facts .stated: This was a prooeeding wherein the estate of the bankrupts has been "wound up by a trustee, under ����