Page:Federal Reporter, 1st Series, Volume 8.djvu/277

 IN KE PITTS. 368 �quently to the rulings in this case, 7 by acquittai, and 11 were dismissed by the district attorney. �The rullng made at the trial of this case, on the authority of the New York cases, permitting the defendant to testify as to his own intention in taking the goods, recoives confirmation in the case of Gtreer V. Whitfleld, 4 Lea. (Tenu.) 85, appearing since the trial. ���In re Pitjts, Bankrupt. �Didrict Court, S. D. Neio York. June 24, 1881.) �L BAmtcRTiPTCY — Indibect Tbaksfebs — Rev. St. j 5110, suBn. 9 — Rbv. St. S �5129 — DlSCHAHQB. �Upon his own petition, P. waa adjudged a bankrupt. The speciflca,tion8 in opposition to his discharge state, In substance, that, within six months previ- ous to the filing of his petition, he suffered a judgment to be obtained against him by default, in fayor of liis brother, upon a pretended claim for borrowed money ; that upon execution on this judgment all of the bankrupt's property was sold and theproceeds applied on this judgment; that the bankrupt was not indebted to his brother in any sum whatever ; and that the judgment and execution were f raudulent and collusive, and for the purpose of preventing the property seized from coming to the hands of the assignee and being distributed among his creditors. Rdi : �(1) The case falls under subdivision 9 of section 5110 of the Revised Statutes, as an " indirect" transfer, made in contemplation of bankmptcy, to prevent the property from coming into the hands of the assignee. �(2) The bankrupt is entitled to no shorter period of limitation than the six months prescribed by section 5129 of the Revised Statutes in analogous cases. �2, Rev. St. J 5110, subd. 9, Oonstrubd. �By the words " indirect" transfer, the framers of the statute intended to in- clude every device of the banki-upt by which the same purpose and effect are accomplished as by a direct transfei-. �In Bankruptcy. Demurrer to specifications in opposition to bank- rupt's discharge. �Carroll Whittaker, for bankrupt. �Wm. H. Sloan, for creditors. �Brown, D. J. Proceedings in bankruptcy were commenced in this case upon the bankrupt's own. petition, filed July 27, 1878, and the adjudication was made on the 29th of that month. The specifica- tions in opposition to his discharge state, in substance, that on January 30, 1878, (one eopy, by a clerical mistake, says 1876,) i.e., within six months of the commencement of the proceedings, the bankrupt suffered a judgment to be obtained against him by defaalt, in the supreme court of this state, in favor of his brother Henry, for $6,246.77, upon a pretended olaim for borrowed money; that upon execution on this judgment all the bankrupt's property, consisting ��� �