Page:Federal Reporter, 1st Series, Volume 9.djvu/507

 492 FEDERAL REPORTER. �in counsel's hands, in Mifflin. This money in Mifflin was pointed out by Mr. West as a means of securing what he required. The sug- gestion was adopted by the bankrupt ; and by arrangement between himself, Torry, and Mr. West, the judgments were transferred, to enable the latter to obtain the money in Mifflin county. After the assent was thus obtained, it was discovered that this money, (which, it would seem, should have passed to the assignee in bankruptoy, as the property of the bankrupt,) had previoasly been transferred by Mr. Torry to others, on the bankrupt's account, Mr. West, in con- sequence, realized nothing on his transfer, This latter fact, however, is unimportant. His assent was obtained by means of the pecuniary consideration held out. That this consideration failed, and he was disappointed, is immaterial. He fully expected to obtain the money ; and it is quite probable the bankrupt and Torry united in this expeetation, for the former testifies that he did not know of the pre- vious transfer, and the latter says he had forgotten it. In the assign- ment it is expressly stated that no such previens transfer had been made. I have no doubt that both West and the bankrupt expected the money to be paid on the transfer to West. West certainly did. Whether the bankrupt did or did not is immaterial; he held out this consideration, and by means of it obtained the assent. Still, if Mr. West alone appeared to resist the discharge we would hold him estopped, as respects this objection. Being a party to the fraud, we would not permit him to set it up, in his own relief. He complains only because he did not succeed in obtaining the unfair advantages which he sought. If he had received the money he would have been satisfied, and allowed his co-creditois to sufier from his fraud. But while the objection will not avail Mr. West, other creditors, who appeared on learning the facts, may urge it. They are not too ]ate. They knew nothing of the fraud until the quarrel between the parties to it revealed the facts. That Mr. West may derive advantage from their interference is unimportant ; the bankrupt is not in position to object. �Without noticing any other specification presented, it is sufficient to say that this is fatal. As the case stands the discharge cannot be allowed. ��� �