Cummins Grocer Co. v. Talley

Citations

• 187 F. 507
• 109 C.C.A. 273
• 1911 U.S. App. LEXIS 4189

Syllabus

<p>1. Bankruptcy (§ 91*) — Books and Papers — Failure to Produce — Effect.</p> <p>Under Bankr. Act duly 1, 1898, e. 541, § 8, 30 Stat. 546 (U. S. Comp. St. 1901, p. 8423), providing that a bankrupt’s failure to attend a hearing and submit to an examination and to produce books, papers, and accounts shall place on him the burden of proving his solvency, failure of an alleged bankrupt to produce for examination certain books, papers, and accounts held to throw upon the alleged bankrupt the burden of proving his solvency.</p> <p>. [Ed. Note — For other cases, see Bankruptcy, Cent. Dig. §§ 137-139; Dee. Dig. § 91.*]</p> <p>2. Bankruptcy (§ 91*) — Solvency—Assets—Corporate Stock — Failure to Produce Certificates.</p> <p>Failure of an alleged bankrupt to produce certificates and certain accounts and notes for corporale slock claimed to have been owned by him and alleged to constitute a part of his assels would not have justified an instruction to disregard the value thereof in determining the issue of solvency.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 91.*]</p> <p>8. Appeal and Error (§ 1039*) - -Rulings — Prejudice.</p> <p>Petitioning creditors in an involuntary bankruptcy proceeding were not prejudiced by the overruling of an objection for duplicity to a idea, where the court excluded the evidence offered on one of the issues alleged to constitute duplicity.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Dec. Dig. § 1039.*]</p> <p>4. Bankruptcy (§ 89*) — Petitioning Creditors — Estoppel.</p> <p>In an involuntary bankruptcy proceeding, the alleged bankrupt filed a plea alleging that at the time the petition and plea were filed he had more than 12 creditors, all of which, except the petitioners, had signed a paper objecting to the proceedings, and that since the petition was filed appellants had colluded in contempt of court to compel defendant to pay the claim of the third petitioning creditor (the P. Company) at the risk of furnishing