Page:Federal Reporter, 1st Series, Volume 8.djvu/326

 312 FEDERAL REPORTER. �4. Same— Samb. �Borne time about May, 1876, the bankrupt bought a bill of gooda of the cred- iter -who now opposes his final discharge. These constituted all the goods in his store at the time of the sale hereinafter mentioned, of which the bankrupt was the owner, the other goods ihere, constituting about three-f ourths of the whole, being consigned to him by the flrm of Graham & Aitken, whose agent for the • sale of goods he had been for soine time, and from whom he reoeived weekly wages. For a considerable time before the sale he had been in failing circnm- stances, but had been left undisturbed by his creditors. Under these circum- stances, Graham & Aitken, to avoid complications with his creditors, bought, forita full value, what remained bf this bilI of goods, making the last partial payment about a year af terwards. The sale was free from secrecy, from haste, . andifromany intent to defraud or prefer creditors, to whom all but a small sum of the purchase money was paid: Neither at the time of the sale nor afterwards was the bankrupt indebted to the purchasers. Heid, that the sale ' couW not be impeached, and that the discharg;e must be grauted. �In Bankruptay. �Birdseye, Cloyd d Bayliss, for bankrupt. �Armstrong a Bnggs,toic ctea.iioi&. �Bbown, D. J. Final hearing in opposition to discharge. Adolph Strenz was adjudicated a bankrapt on his own petition in August, 1878. In November, 1876, he was carrying on a small store in Brooklyn, mostly supplied with. goods by consignaient from Graham & Aitken, for whom he had been. for some time selling as agent and accounting regularly for the proceeds. He received fromthem$10 per week for his own services and |8 for his wife's, who assisted in the store.. He had bought of J. Berlin, the opposing crediter, about six months previous, a miscellaneous lot of goods, mostly "rubbish," as one witness called it, at 60 per cent, upon a list furnished of articles and priees, amounting to $2,605.9e; but upon examination of the goods and list, items to the amount of $739.25 were found either missing or destroyed, so that 60 per cent, upon the residue made the bill less than $1,200. On November 15, 1876, Graham & Aitken bought out what then remained of this lot of goods, being, as the evi- dence shows, less than one-fourth part of the usual stock of the store, together with the fixtures, for the price of $1,200, whioh was the full value of the goods, all of which was paid by tliem during the year fol- lowing, and all except a very small fraction paid out by Strenz to dif- ferent creditors. �It is elaimed that this sale to Graham & Aitken in November, 1876, was in violation of subdivision 9 of section 5110, as a trans- fer in contemplation of bankruptcy, and to prevent the property from coming to the hands of the assignee, or from distribution among the ��� �