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In the Matter of Louisa Hirschberg, a Bankrupt.

which was about six weeks after the fire, and after a settlement had been made by him with the insurance companies who had insurances on the vessel, and after he had commenced to rebuild her. In view of this, and of the unconscionable amount demanded for salvage in the libel, in a case which is not a case of salvage at all, I shall not allow costs to the libellant. A decree will be entered accordingly.

Beebe, Dean & Donohue, for the libellant.

J. K. Hill, for the claimant.

JUNE, 1868.

IN THE MATTER OF LOUISA HIRSCHBERG, A

A BANKRUPT.

ATTORNEY's Costs UNDER SECTION TWENTY-EIGHT OF THE BANKRUPTCY

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Where attorneys of a voluntary bankrupt presented and proved a claim for legal

services in preparing the petition and schedules, and advice in relation to it, and

for disbursements: Held, That no part of it was a debt to be paid in full, under the twenty-eighth sec

tion of the bankruptcy Act.

In this case, a voluntary bankrupt had inserted in her schedule, A, No. 1, as a debt to be paid in full, according to the twenty-eighth section of the bankruptcy Act, a charge of her attorneys for $250, “for legal services in preparing the petition and schedules, and advice in relation thereto," the attorneys' disbursements being over $100. The creditors and the assignee objected to the allowance, and the register certified the question to the Court.

In the Matter of Alexander Frear, a Bankrupt.

BLATCHFORD, J. I do not think that the claim in question, or any part of it, even to the extent of the disbursements embraced in it, is a claim to be paid in full, under section twenty-eight of the Act. The fees, costs, and expenses, named in the first of the five subdivisions, in section twenty-eight, are those incurred by, and due to, the register, clerk, assignee, and marshal, and not those incurred by the bankrupt, or due to his attorney in the proceedings, for services or disbursements in connection with such proceedings.

JUNE, 1868.

IN THE MATTER OF ALEXANDER FREAR, A

BANKRUPT.

INDIVIDUAL PETITION.-PARTNERSHIP DEBT.

Copartnership debts may be proved in proceedings instituted by a single partner,

on an individual petition, whether there are any assets of the copartnership or not.

The bankrupt, in this case, filed his individual petition, which made no reference to copartnership debts, but the schedules attached showed that he was a member of a firm which had dissolved more than six months before the filing of the petition, and contained a number of debts of such firm. One of such creditors offered proof of his debt against the firm. The bankrupt objected to the proving of the debt because it was a firm debt. The register held the debt to be provable, and certified the question to the Court.

BLATCHFORD, J. The debt in question is provable, whether there are any assets of the copartnership or not. If there are any such assets, they must be administered

In the Matter of William K. Belcher, a Bankrupt.

according to the provisions of section thirty-six, of the bankruptcy Act, and so must the assets of the separate estate of the bankrupt.

JUNE, 1868.

IN THE MATTER OF WILLIAM K. BELCHER,

A BANKRUPT.

PLACE OF Filing Petition.

Where a merchant, who had resided in New York city for more than twenty

years, failed in business, sold his residence in that city, and removed his family to New Jersey, and they thereafter resided there upon some property belonging to his wife, while he engaged as a clerk with his successors in business, and con

tinued so till the filing of his petition in bankruptcy, two years after: Held, That his petition was properly filed in the Southern District of New York.

The petition in this case was filed on February 19th, 1868, setting forth that the petitioner had done business, and had a place of business, in the Southern District of New York, for more than six months next immediately preceding such filing. The petitioner had carried on business, and resided in New York city for more than twenty years before June, 1866, when he failed in business, and made a general assignment, sold his residence, and removed his family to New Jersey, where they thereafter resided upon some property belonging to his wife. He himself at once engaged, as a clerk, upon a salary, with his successors in business, and so continued till his petition was filed.

On these facts the question whether the petition was properly filed in this Court was submitted to the register, who held that it was properly filed, and this decision of the register was sustained by the court.

In the Matter of Edward Bigelow, and others, Involuntary Bankrupts.

JUNE, 1868.

IN THE MATTER OF EDWARD BIGELOW, DAVID BIGELOW, AND NATHAN KELLOGG, COMPOSING THE FIRM OF E. & D. BIGELOW, INVOLUNTARY BANKRUPTS.

LIEN OF CREDITOR.–Bank STOCK.

Where bankrupts, at the time of the adjudication in bankruptcy, were indebted

to a bank, in which they severally owned stock, and the by-laws of the bank provided that the stock of stockholders should be liable for their debts to the

bank:

Held, That the bank bad a lien upon the stock, and had the right to apply it to

ward such indebtedness, whether it was an indebtedness of the bankrupt firm, or of the individual stockholders.

The bankrupts in this case were adjudged to be such on the petition of a creditor, on November 16th, 1867. On that day David Bigelow and Nathan Kellogg were indebted, as also was the firm, to the First National Bank of Saugerties, in large amounts, and Bigelow and Kellogg each owned twenty shares of stock in the bank, of which they had been directors from its foundation. The bank claimed a lien upon the stock, and refused to transfer it to the assignee in bankruptcy. It claimed this lien under the by-laws of the bank, adopted on July 11th, 1865, in pursuance of a clause in the articles of association, which gave the directors power to make bylaws, “which by-laws may prohibit, if the directors shall so determine, the transfer of stock owned by any stockholder, who may be liable to this association, either as principal debtor or otherwise, without the consent of the bank." The by-laws adopted contained the following clauses: "ART. 4.-SEC. 3. This association shall not, under any pretence, loan money on a pledge of shares of the capital stock of the association. But this shall not

In the Matter of Edward Bigelow, and others, Involuntary Bankrupts.

be so construed as to prevent the association from applying the shares of any individual shareholder, in manner hereinafter named, toward the payment of a bona fide debt, which such shareholder may owe to the association. SEC. 4. The association, and the board of directors hereinafter mentioned, shall have power (whenever any shareholders thereof shall owe a debt then due to the association, and which shall have been due and unpaid for the space of three months), to give notice to such shareholder, that if such debt be not paid and satisfied at the expiration of ten days from the time of such notice, the shares of the capital stock of this association, held by such shareholder, or standing in his name, or so much thereof as may be necessary, will be sold in satisfaction of such debt; and if, at the expiration of said ten days, the said debt of such shareholder shall remain due and unpaid, the board of directors hereinafter mentioned shall have full power and authority to proceed and sell the shares held by such shareholder, or such part thereof as shall be sufficient to pay such indebtedness, either at the board of brokers in the city of New York or at public auction in the village of Ulster, and to appropriate the proceeds of the sale, if of sufficient amount, in satisfaction of such debt, and if not of sufficient amount to pay the whole debt, then toward and on account of such indebtedness. SEC. 5. No shareholder of this association shall be permitted to transfer his share, or receive a dividend or interest thereon, who shall owe to the association a debt, which shall have become due and have remained for the space of one day unpaid, until such debt be paid, unless by and with the consent of the board of directors of the association hereinafter mentioned ; and any transfer made contrary to the provisions of this article, shall be null and void. ART. 5.-SEC. 1. The board of directors shall cause suitable books to be kept for the registry and transfer of the shares of the association, and every transfer, to be valid, shall be made

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