Samuel Freeman Miller,
Metsker v. Bonebrake — Opinion of the Court
“ It is not a voluntary bankruptcy if the man is forced into it against his will by his partner, any more than by any one else, and it is compulsory and involuntary if he refuses to join in such case and is forced into it, as much as in any other enforced bankruptcy. ”
Samuel Freeman Miller,
Metsker v. Bonebrake — Opinion of the Court
“ There is no reason to disbelieve Mrs. Metsker when she swears positively that she did not know nor suspect her husband's insolvency until bankrupt proceedings were commenced. Her statement is confirmed by the allegation, undisputed, that between the time of the conveyance and the petition in bankruptcy $4,000 of their debts were paid, and the bill alleges that their debts were only $5,000 in excess of their assets. ”
Samuel Freeman Miller,
Metsker v. Bonebrake — Opinion of the Court
“ Only such matters of law and of facts as are brought before the court by exceptions are to be considered, and the burden of sustaining the exception is on the objecting party. In the case before us we are inclined, after a careful examination of the testimony, to concur with the master's report. It is altogether a matter of the weight of evidence. ”
