Page:Federal Reporter, 1st Series, Volume 4.djvu/536

 522 FEDERAL BBFOBTEB. �These specifications, if sustained, must corne witliin the nintli subdivision of section 5110. It appears tiiat the bankrupt transferred to his father the principal part of his property, consistihg of costumes and other implements of his trade. He was indebted at the time, aside from his obligation on the bond to the receiver, about six or seven thousand dollars, which he had no means to pay, He was indebted to his father, for money loaned, several thousand dollars. The trans- fer to his father was without writing. The property was of very uncertain value, being worth but a few hundred dollars, if purchased for the purpose of selling it again, but having cost about $3,000. Yet there appears to havebeen no agreement with the father as to the priee at which he took it. The bank- rupt testifies that he had no intention of preferring his father, but trs}.nsferred it to him in payaient of moneys loaned. He testified that the reason why it was transferred to him rather than to anybody else was that he was the nearest person being at hand in the theater ; that his father was not pressing him for money, and that the transfer was made at his own suggestion. He also testifies that he had no thaught at the time of going into bankruptcy. But upon ail the evidence, and considering the very suspicious circumstances attending the sale, I can find no- adequate motive for it exeept to protect the property from his creditors. With this purpose there may also have been an intention at the same time to seeure or prefer his father. �The fact that the bankrupt, then, did not intend or expect to go into bankruptcy, if he is to be credited in that respect, does not relieve the aet from being eonsidered an act done "in contemplation of becoming bankrupt" within the meaning of the statute. That expression means, as bas often been held, in contemplation of committing an act of bankruptcy. Such a transfer is in itself an act of bankruptcy, if made, as this appears to have been, with intention to cover up his property from his creditors, and to prevent its distribution among them. He claims to have had great expectations of euccess with a play to be presently brought out. Over-sanguine hope of better business may sometimes justify great present sacri- ����