12 F. Cas. 428 | S.D.N.Y. | 1869
■ I, Isaac Dayton., one of the registers in bankruptcy of this court, in the absence of Register James P. Dwight, sitting and acting in his absence for mm, do hereby certify that pursuant to an order made by me on the 7th day of September, A. D. 1869, Asa Holt, Jr., the bankrupt above named, was examined on oath, September 9th, 1869, before the undersigned, under and as required by the 26th section of the bankrupt act of March. 1867 [14 Stat. 529], And I hereby certify that, in the course of said examination, the questions arose which are stated and set forth in the examination hereto annexed, which questions are hereby, at the request of H. C. Bennett, attorney for examining and contesting creditors herein, certified to the honorable the judge of the district court for his decision thereon.
Examination of Asa Holt, Jr., the bankrupt above named, taken pursuant to an order made in this bankruptcy court: “Q. 1. Mr. Holt, it appears your petition was filed the 19th day of December, 186S? (Question withdrawn.) Q. 2. About how much did you claim from Mr. Schell? A. I only claim what Mr. Mclntire said it should be, which was ninety-six thousand dollars for three of us, myself, Mr. Mclntire. and Mr. Davis. Q. 3. What was your proportion of it? A. One-third of the amount. Q. 4. When did that claim arise? A. In 1863,1864, and 1S65; 1864 and 1805. I think. Q. 5. Why did you not put it among your assets in your schedules? A. Because it had been settled by an irrevocable power of attorney given to Stephen T. Russell. Q. 6. When? A. In January, 1806. Q. 7. Did you know that statements had been made at the time you were in consultation with Mr. Rudd? A. Yes. I knew that statements had been made. Q. 8. You subsequently took a consultation with Mr.
The witness has not answered question 13. From his answer to question 12, it is apparent that there can be no difficulty in his answering question 13 categorically. He must do so.
