Page:Federal Reporter, 1st Series, Volume 9.djvu/389

 374 FRDERAL REPORTER. �account and writings relating to their property and effects; thnt in omitting- so to do they acted f raudulent and negligently, and to hinder and impede their creditors, and contrary to the provisions of the said act." �These specifications, dou'btless, were intended to incorporate the provisions of the second clause of section 5110 of the Revised Stat- utes, which do not allow a discharge to be granted "if the bankrupt has concealed any part of his estate or effects, or any books or writings relating thereto, or has been guilty of any fraud or negligence in the care, custody, or delivery to the assignee of the property belonging to him, at the time of the presentation of his petition and inventory," etc. �I do not stop to criticise the form of the specifications, as the coun- sel of the bankrupt did not think proper to do so, but accept and con- sider them as definite charges against one of the bankrupts, Heller, that he concealed the books of the firm and writings relating to the estate, and that he has been guilty of fraud or negligence in the deliv- ery to the assignee of the property belonging to himself, or his firm, at the time bf the presentation of his petition and inventory. It must be borne in mind that the partnership of Heller & Katz is in bankruptcy, and that this is the application of one of the partners, Heller, for his discharge. His right to a discharge depends upon his own acts, and he is in nowise bound by the acts of commission or omission of his former partner, unless he is a party thereto. Hence, in considering the evidence, the inquiry is whether the petitioner — not the several members of the firm — has wilfully concealed the estate, or the books of account, or writings relating thereto, or whether he has been guilty of fraud or negligence in withholding property from the assignee. �The testimony shows that the firm of Heller & Katz became hope- lessly insolvent during the year 1877; that judgments to a large amount were obtained against it; and that all its available assets were sold by the sheriff of the county of Essex, in the month of October of that year, to satisfy the executions issued thereon. The partners ceased business on their own account after that time, but continued for some months afterwards to carry on the business as the agents of their largest execution creditors, who were the two brothers of the copartner, Katz. �Heller was employed there, with a weekly allowance for his ser- vices; but. after awhile, deeming his compensation too small for the work done, he withdrew, leaving all the bocks and papers if the old firm in the possession and under the control of Katz. ��� �