In re Kemp
District Court, S.D. New York
In Bankruptcy. In the matter of the bankruptcy of Peter C. Kemp. On motion to reverse a report of the referee recommending denial of discharge of the bankrupt, and for an order directing that discharge be granted.
1Opinion of the Court
MAYER, District Judge.
The sole ground upon which the referee rests his recommendation against discharge is that the bankrupt made a materially false statement to the bank in a writing dated July 2, 1917, in that he omitted liability to his mother aggregating $8,000.
[1] It is, of course, well settled that the statement must not only be false and material, but must be intentionally false, made with intent to deceive. Kemp was a depositor with the Fourteenth Street branch of the bank, and from time to time had applied for and presumably obtained loans in the ordinary course of business. In the…
2Cases cited3 opinions
- Gilpin v. Merchants' Nat. BankCourt of Appeals for the Third Circuit · 1908
- In re BrausCourt of Appeals for the Second Circuit · 1917
- In re KernerCourt of Appeals for the Second Circuit · 1918
3Cited by1 opinion
- Bacon v. Dollar S. S. Lines, Ltd.District Court, E.D. New York · 1923