Page:Federal Reporter, 1st Series, Volume 9.djvu/402

 BATE BEFBIGEBATIKa CO. V. GILLETT. 387 �assignee on account of the matter, he bought up all the accounts. After a fierce litigation for over a year, having bought up these olaims and finding he must at last meet the result of the litigation, to-wit, a judgment for the entire amount received through his fraudulent contrivances, he now eomes in and objects to an allowance of any- thing in the way of fees for the services which compelled him to an- swer for the fraud perpetrated on all the creditors generally. The case is peculiar in that aspect, and I mention it merely that this action shall not be considered as a precedent in these matters. The circumstances of this case and its peculiar character must be con- sidered, together with the fact that the party objecting is a fraudulent ereditor, who was pursued to the point where he had to surrender to a judgment, in the mean time buying up claims, and finally making a compromise, which, for a long time, I hesitated to permit. He wishes to come in here as a ereditor under the bankrupt act, and share in the dividends under these contrivances. As stated by him- self, in the argument, he has nineteen-twentieths of the claims, and wishes to avoid paying any expanses. Without indorsing the mode of proceeding with regard to the matter, I merely hold that under the special circumstances of this case the report of the register as to this allowance will be afiSrmed ; or, to put it in precise f qrm, the exceptions thereto will be overruled. �As to the allowance under the general orders in bankruptcy, in consequence of the act of 18I6 the sum of $750 will be reduced to $20. �As to the other amount, ordinarily, I would not allow it; but when a party comes in who is guilty of fraud and asks that he may take nineteen-twentieths of the estate, and objects to an allowance for the very services which compelled him to disgorge, I do not think he stands in a very favorable attitude towards the court. ���Batb Eefeigeeating Co. V, GiLLETT and others, impleaded, etc. �{Circuit Court, B. New Jersey. September 13, 1881.) �1. luiTTBBS Patent— Pbesbrting JIeats. �Letters patent No. 197,314, granted November 20, 1877, for improvement in �processes for preserving meats during transportation and storage, consisting in �enveloping the meat in a covering of flbrous or woven material, and subject- �ing it to a continuons current of air of a suitable temperature, are not invalid �, lor want of novelty. �In Equity. ��� �