Page:Federal Reporter, 1st Series, Volume 4.djvu/822

 o08 FEDERAL REPORïER. �(§ 504G) of the act, of the assois wliicb pass to the assignee in bankruptcy. It is not a debt or scciiiity for a debt, or a right in equity, or a cbose in action, or a rigiit of action for property; nor is it a right of action for a cause of action arising from contract. It is an action of tort for the fraud and deceit, and not an action on a contract." �As the bankrupt was not required to inventory such a claim, and as ail the reasons for setting aside the discharge are founded upon such omission, the petition must be dis- missed, with costs. ���Bkitton, Assignee, etc., v. Br.EwsxER and others. �(Circuit Court, S. D. Eew York. November 22, 1880.) �Blatchfoed, 0. J. I bave attentively examined the evi- dence in this case, and the briefs of the counsel, and conour in the conclusion arrived at by the court below, and for the reasons assigned in the decision of the district judge. The controUing questionsin the case are so fuUy considered in that decision that I deem it unnecessary to discuss them at length. �' The decree of the district court is afïirmed, with coate. �Note. See Sritton v. Breicster, 2 Fed. Kkp. 160. ���In re Coewin, Bankrupt. Circuit Court, S. D. New York. November 15, 1880.) �Starr à Hooker, for the creditors. �H. E. Howland, for the bankrupt. �Blatchfoed, G. J. I concur fuUy in the decision made by the district court in this case, and in the reasons assigned by that court therefor. The order made by that court April 10, 1880, was correct, and the prayer of the petition of review is denied, with costs. �KoTE. See In the matter of William S. Corwin, 1 Fbd, Eep. 847. ����