Work v. Holmboe
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Work v. Holmboe
Opinion of the Court
This appeal is from an order of the district court directing that the debtor’s property be distributed among his creditors without their filing releases, on the ground “that he has not kept books of account or records from which his true condition can be ascertained.” Gr. S. 1894, § 4249. The only question is whether the evidence justified the court in holding that the insolvent had not kept such books of account as the statute requires.
• He was a merchant doing quite a large business, employing at times as many as six clerks, and selling at the rate of from $50 to $200 or more per day. The only books of account kept by him were for the purpose of showing debits and credits, — that is, the amounts due him for goods sold on credit and what he owed for goods bought on credit, — and even as to these matters the books were very imperfect and incomplete. He kept neither merchandise, expense, nor cash account. The books contain no account of the amount of goods bought for cash, of goods sold for cash; of the amount of goods or cash taken out for himself and family, of the amount of cash received from sales, or of what was done with the cash. In short, the books contained absolutely nothing tending to show the extent or nature of his business transactions, except an imperfect account of what he was owing for goods bought, and of what was due him for goods sold on credit.
These were not such books as the statute requires to be kept by a merchant. The idea of his counsel is that all the books need show is what the insolvent owes, and what is owing to him; and •that from this his true condition can always be ascertained by taking an inventory of what property he has on hand and in sight. We cannot concur in this view. Logically, you might as well go a step further, and require no books at all, but leave the assignee and creditors to find out, as best they could, what the debts and credits of the insolvent were, as well as what chattel or real prop
We can see no material difference in the meaning of “proper-books of account” required by the federal bankrupt act of 1867,
The facts of the present case illustrate the utter insufficiency of these books to furnish creditors any means of ascertaining the: debtor’s condition, or what he has done with his property. In Jan-, uary, 1894, he commenced business with about $9,000 assets and no-debts. In December, 1894, when he made an assignment, his assets,-as scheduled by him, were $13,700, and his debts $23,100, showing a loss during 11 months of over $18,000, and yet his books dot not furnish the least clue as to where this property has gone, or how the loss, if any, occurred.
Order affirmed.
14 Stat. 517, c. 176.
Reference
- Full Case Name
- GEORGE Z. WORK and Others v. A. HOLMBOE
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