The Federal Reporter (Volume 109); With Key-Number Annotations (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1901. Excerpt: ... inform the bankrupt that the intervener did not want to extend so large a credit to him unless the bills would be paid promptly as they matured, in 30 days after shipment. In this letter to the salesman, it used the following language: "We cannot ship him any more until we receive a substantial remittance reducing the account considerably. Now, there are no less than 65 cases of Imported goods here In the warehouse at this moment How are we ever to be in a position to ship them to him on time unless he pays up in entirely different shape? Please have a plain, straight talk with him, and let the matter of settlements be very distinctly understood." This salesman called on the bankrupt, but made no inquiries as to his financial standing. No effort was made to ascertain from the bankrupt his liabilities. Had he inquired of him then how much he owed altogether, and perhaps demanded an inspection of his books, he might have learned of the indebtedness of $5,500. The bankrupt was anxious to have his orders reduced, for in reply to a letter from intervener of date of August 31st, urging prompter payments, and making new propositions as to the goods not yet shipped, and which are nearly all the goods in litigation in this case, he expressed the wish that "his orders could be reduced somewhat," which was declined by intervener. In view of these facts, the court agrees with the special master that the intervener shipped these goods in September, not in reliance upon the statements made by the bankrupt to the commercial agencies in February preceding, but in total disregard of them, influenced, no doubt, by the remittances made by the bankrupt, and his willingness to cancel the unfilled orders. In re Gany (D. C.) 103 Fed. 930, relied upon by counsel for the intervener, where it was held that t...