Moore v. His Creditors

Citations

• 19 Cal. 691

Syllabus

<p>Petitioner in insolvency must deliver to the Court “ the boolcs he may have keptnot merely such books as he may own on the day of filing his petition; or his petition, in the absence of a sufficient excuse, may be dismissed. And the fact that he had sold his books a short time before filing his petition will not excuse him from such delivery. The books are essential to a complete surrender and transfer of his effects to the assignee.</p> <p>Where opposition was made to the discharge of petitioner on the ground of fraud, and the petitioner was examined before a referee, and on the coming in of his report and the cause coming on for final hearing, the opposing creditors moved to dismiss the petition because petitioner had not delivered up his books, he having sold them within a month prior to his application, and the motion was granted: Held, that, inasmuch as the omission to deliver the books had not been specified or objected to as a ground of opposition, and as no call or order had been made upon petitioner to deliver his books, his petition ought not to have been dismissed until an order had first been made that he deliver them within such time as the Court deemed reasonable.</p>