Page:Federal Reporter, 1st Series, Volume 3.djvu/213

 206 FEDEBAIi BEFOBTEB. �Martin, Assignee, v. Fullings, Execu^jrix. �(District Court, D. Nem Jersey. July 1, 1880.) �1. Assignee in Bankruptcy—Praud— Statuts op LunTATioNS.— In a Buit by an assignee in banlîruptcy, to recover possession of certain bonds fraudulently concealed by the assigner, the statuts of limita- tions does not begin to run until the disoovery of the fraud. �In Equity. �Guild e Lunn, for complainant. �Nixon, D. J. The bill is filed in tMs case by Eobert M. Martin, assignee in bankruptcy of Edward Fullings, deceased, to recover 12 several bonds of the Atlantic, Tennessee & Ohio Eailroad Company, of the par value of $500 each, num- bered respectively 4, 5, 6, 7, 8, 9, 10, 65, 56, 57, 58 and 59, •with coupons attached fromthe first day of November, 1863, alleged to be the property of the late bankrupt, and which he fraudulently omitted from his schedules and withheld from the hands of his assignee in bankruptcy. �It appears that the said Edward Fullings, being a resident of the town of Charlotte, in the state of North Carolina, on the twenty-eighth of May, 1868, filed a voluntary petition in the district court of the United States for the district of North Carolina to be adjudged a bankrupt, and that sueh proceed- ings were had thereon that ftn adjudication took place on the ninth day of June foUowing; that on the twenty-second of July the creditors first chose his son, Edward B. Fullings, assignee, and that upon his resigning the office, on the sixth day of August of the same T'ear, a new meeting of creditors was called for the fifth of October, 1868, when the complain- ant was duly chosen assignee. Shortly after the commence- ment of the proceedings in bankruptcy the said Edward Fullings left the state of North Carolina and removed to Irvington, in the state of New Jersey, where he continued to reside until the month of Septembt..:, 1877, when he departed this life, leaving a last will and testament, in which lettera testamentary were first granted to Lis son, Edward B. Fui- ����