Page:Federal Reporter, 1st Series, Volume 7.djvu/473

 IN RB KIMBALL. 461 �threatened to creep into the administration of the bankrupt law, the supreme court, as I concoive, bo amended the gen- erai orders in bankruptcy as to put an end to allowances eut of the bankrupt's estate to the petitioning creditors' attor- neys, solicitors, or counsel. �And now, May 31, 1881, the register'8 report, in so far as it recommends the allowance of attomey's fees, is disapproTed, and such allowances, whether for fees paid or incurred, are refused; but the court conflrms the report of the register in respect to other necessary expenditures and disbursements, and the same, as set forth in the report, are allowed. ���- In re EiMBAii, Bankrtij)t. �{Oircuit Court, D. Massachusetts. May 25, 1881.), , , �1. Bahkiidptct — Bocks of Account. �A teamster, who, even to a very considerable extent, buys and sells hay and straw for the iona fide purpose of keeping bis teams from standing idle, is not such a marchant or tradesman as is bound to keep books of aeeoupt^ijniicr the provisions j,of the bankrupt law. — [Ed. " ■ ' '"•"'■ "■'-' ' '■ ''■'. ' �In Bankrupicy. Petition for Revision. ' �Dudley e DvMey, for petitioner. , : ,. ; -. . ■ �Geo. W. Morse and J^. O.'Lme, f Or 'bankrupt. ■ �LowELL, C. .J;, J am called upbnto. decide wbether'the district court ^ya^ right in holding that the bankrupt w.as not such a merchant or tradesman as is boiund to keep; books of account. He was a teamster, owning many horses and carts, and engaged for years very extensively in his regular business. When that became slack, he took to supplying certain friends and neighbors with hay and straw. He did this to keep his horses and carts employed, and wheh he sold at wholesale he charged only enough above the cost to pay his usual charges for teaming. He sold sometimes at retail, but how often or how much does not appear. The total amount of business which he did in hay and straw, in some years, was very con- siderable. �I was much impressed with the argument for the creditor, that this man really had two distinct vocations, that of a ��� �