Page:Federal Reporter, 1st Series, Volume 8.djvu/280

 266 FEDERAL REPaSTER. rupt; and :^|iat at least no shorter term oflimitation should by con- struction be placecl upon that subdivision. It would be an anomalous resuit if a fraudulent transfer wexe ,held voidable by the assignee for six months prior to; tlje bankruptcy, yhile the bankrupt who commit- ted the fr^d should; stand acquitted and obtain his discharge under any shorter period of ^limitation. ; ! My conclusion is that the case, is governed by subdivision 9, and by no sho::ter limitation than the six mpnth# prescribed by section 5129 itt analogous cases, and that, the demarrer be overruled and the case referred back to the register to take proofa upon the specifica- tions. Infe EAesiTT and another.
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j CDitIriet,. Uourt, D. Maine. May, 1881.) L BANKaOTTOTl-fi-BuMHBR. Thebaflkrupts, on their examination, testifled that %)ibj had been engagea in buying and selliti;!^ cattle, butcheriiig, and farming some, and that the flrm "' busitrey a'mbunted ^'^0111 $2,Oorf to $3,000, or thereabouts; per year. Hdd, that theiribuEinesa TWa*' that ofbUVohers. Z.'iSAMi-iTiiADEsStAN. ■'■.•.■■■< ;'l ',;• . ^. SAMB—Bo^ksop Account— Ito(5iWfiiGSi*oF THE Bankritpt.,, ■yChere the banfeniptg are tradesn^en and keep no bocks of accounts, they are not entitlea to a diacharge under the bankrupt law. 4. Same— Evidence. , . Where the stateiheirtta riiad'e by 'such bankrupta, at a hearing before the court, vary greatly frbm their former ones, made before the register, in that they are much more, ^vorable tp themselves, held, in view of a change the course of their case was taking meanwhile, their original statements must be '' takeh'to be the mOTe trust wor'thy In Bankruptcy. Henry L.MUchell, ioT ]i&TakviT^\. . Sftrvey D.Hadhckffoz ci-^iitoxs. Fox, D. Ji The discharge of these bankrupts is opposed on the grouud that they, being tradesmenj did not keep propejr books of ac- count. These bankrupts are brothers, who, for ,nearly 20 years prior to their petition in bankruptcy,- resided on a farm in Yerona, in this district. They had/separate familles, but carried on the farm to- gether, and were also engaged in the business of buying, selling, and slaughtering cattle and other stock. No accounts were kept of their receipts or expenditures. Each;Used from the farm produce, and from
 * W^thin the bankrupt act a butch^r is a trade3maij.