Legal Opinion

In re Smith

District Court, N.D. New York

Decided April 24, 1916PublishedCited by 15 opinions

In Bankruptcy. In the matter of Benton D. Smith, bankrupt. On report of the special master against the discharge of the bankrupt. This is a hearing on the application of the bankrupt to set aside the report of the special master, who reports against the discharge of the bankrupt, on the one hand, and an application by the trustee in bankruptcy and a creditor to confirm and approve such report, and, pursuant to the report of the special master, refuse a discharge.

1Opinion of the Court

RAY, District Judge.

Specification of objection to the discharge of the bankrupt No. IV reads as follows:

“IV. That such application should not be granted because of the following facts, constituting an additional ground which the undersigned charged to be true, namely:

“A. That said bankrupt obtained property consisting of meats and provisions on credit from objecting creditor, Morris & Co., upon a materially false statement in writing made by him to said Morris & Co. for the purpose of obtaining credit from Morris & Co. That said statement in writing was dated August IS, 1914, and executed and…

2Cases cited2 opinions

International Harvester Co. of America v. CarlsonCourt of Appeals for the Eighth Circuit · 1914
In re ArensonDistrict Court, D. New Jersey · 1912

3Cited by15 opinions

Industrial Bank of Commerce, Objecting Creditor-Appellant v. H. Woodruff Bissell, Bankrupt-AppelleeCourt of Appeals for the Second Circuit · 1955
Kansas Federal Credit Union v. Lauren L. NiemeierCourt of Appeals for the Tenth Circuit · 1955
Comprehensive Accounting Corp. v. Morgan (In Re Cycle Accounting Services)United States Bankruptcy Court, E.D. Tennessee · 1984
Feynman v. RosenthalCourt of Appeals for the Second Circuit · 1935
In re PerlmutterDistrict Court, D. New Jersey · 1919

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