104 F. 872 | E.D. Wis. | 1900
The material facts, as found by the referee and supported by the testimony, are these: After the filing of a petition by creditors for involuntary bankruptcy the attorney for the bankrupt stated that he would take for his services the goods upon certain shelves in the store, the bankrupt either assenting or not refusing, and advised the filing of a voluntary petition in bankruptcy. Such petition was thereupon filed by the bankrupt, — with schedules wherein the goods so selected by the attorney were invoiced as of the value of $100, and held for attorney’s fees, — and adjudication was entered thereupon. The goods were not removed until after adjudication, but before the appointment of a trustee. The briefs submitted upon one side and the other discuss a question which is not involved in the present controversy, — whether the voluntary petition was rightly filed, and displaced the creditors’ petition through the adjudication. Nor is it material to determine the effect of section 60d upon a payment or transfer perfected thereunder. These facts are undisputed: (1) That the alleged transaction occurred after the filing of the petition against the debtor; and