Page:Federal Reporter, 1st Series, Volume 7.djvu/867

 IN BE YOCNa. 855. �bankrupt receiving five shares in order that he might be eli- gible to the office of treasurer of the company. He became the treasurer, and as such officer he received and disbursed the moneys earned by the steamer, amounting in round figures to $4,000, and leaving no surplus for division after the payaient of the running expenses and for keeping her in repair. He states further that books of account of the re- ceipts and expenditures were kept; that after the loss of the steamer suits were brought in New York against two Insur- ance companies for the moneys due upon polioies of insur- ance ; that the books were given to the lawyers in New York who had the charge of these suits, to be used therein, and that except the book of the minutes of the corporation he had ne ver seen them sinoe. �The burden of proof, that the bankrupt did not keep proper books of account, is upon the opposing creditors. I will not Btop to inquire whether the court ought to refuse the dis- charge upon the testimony as it bas been left by the parties, because I am pf the opinion that the bankrupt, suataining such a relation to the corporation, is not a merchant or tradesman, in the sense in which these words are used in the bankrupt act, and not being such he is not subject to the penalty of the section. �ihe discharge will be granted. ���In re Young, Bankrupt. �(Duf/ricl Court, B. New Jertey. July 1,1881.) �Receiveii — Suit — Ooittbmpt. �A. was appointed receirer of the estate and eSects of an adjudged bankrupt, and directed, by order of court, to take possession and retain the custody of certain property which B. had purchased at an alleged frandulent sherifl's sale of the bankrapt's property. A. took possession of certain property of B. which never was the property of the bankrupt, and B. brought two suits in the state court,— one in trespass against A. for acts done in the seizure of his property, and ��� �