252 F. 956 | D.N.J. | 1918
The question to be determined is whether Franklin Driver was “a person engaged chiefly in farming or the tillage of the soil,” so as to bring him within the exemption of section 4b of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 547 [Comp. St. 1916, § 9588]). The special master, to whom the issues raised by the creditor’s petition and the debtor’s answer were referred, concluded that he was not, and recommended that he be adjudicated a bankrupt. The debtor has but little interest in these proceedings. The contest really is between his secured and unsecured creditors. If the master reached the right conclusion, all creditors will share alike; otherwise, those who obtained judgments (some on confession) will take to the exclusion of the others. Whether a debtor is within the exempted class is a question of fact, to be determined in each case on its own facts.
A careful reading of the testimony in this case leads me to adopt the master’s recommendation. The debtor was the owner of three farms, and at one time was unquestionably a farmer. In 1912 he moved from the farms he had theretofore occupied’to a dwelling which he had built in a town near by, where he has since lived. He sold all his stock and farming implements and rented his farms on shares. Two of these
The father’s help at these times, in principle, differs in no way from that rendered by his daughter during the same period. What more natural than that they should come to the son’s and brother’s rescue when labor was needed and could not be had from outside sources. Could the daughter be held to be exempt because she rendered such service? Manifestly not. Why, then, the father? Paternal interest in his youngest son’s farming venture and solicitude for the crops, lest they should suffer from lack of help, sufficiently account for the father’s aid in this case. That such shortage of labor was anticipated when the agreement to rent these farms was made shows foresight, but does not require a different conclusion. That paternal interest did not furnish the only motive for making the promise or rendering the help, and that the father, in helping out his son, was also helping himself, through his share of the crops, do not change the character of the service thus rendered by him, and bring him within the exempted class.
In view of Driver’s retirement from active farming and his entrance into the field of. speculative financial ventures, from which ventures resulted practically his entire indebtedness, the occasional services rendered by him on the farms rented to his son cannot be said to stamp him as “a person engaged chiefly in farming or the tillage of the soil,” within the meaning of the Bankruptcy Act.
A decree adjudicating Driver a bankrupt will be made.
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