Legal Opinion

In re Garrison

Court of Appeals for the Second Circuit

Decided December 4, 1906No. 53PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court for the Southern District of New York confirming the report of a referee in bankruptcy, sitting as special master, which recommended that the bankrupt’s discharge be denied for the reason that the creditor who opposed his discharge had established the truth of the second specification filed by him, which is as follows: “Second, that (the…

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Appeal from the District Court of the United States for the Southern District of New York. On appeal from an order of the District Court for the Southern District of New York confirming the report of a referee in bankruptcy, sitting as special master, which recommended that the bankrupt’s discharge be denied for the reason that the creditor who opposed his discharge had established the truth of the second specification filed by him, which is as follows: “Second, that (the bankrupt) as a partner and a member of the firm of T. W. Brown & Co., of Port Huron, Michigan, with fraudulent intent to…

1Opinion of the CourtCoxe, C. J.

(after stating the facts). The section of the bankruptcy act under which the specification was filed is, as amended by the act of 1903, as follows:

“The judge shall hear the application for a discharge, and such proof and pleas as may be made in opposition thereto by parties in interest, * * * and discharge the applicant unless he has * * * with intent to conceal his financial condition, destroyed, concealed, or failed to keep books of ae*179count or records from which such condition might be ascertained.” Act Feb. 5, 1903, c. 487, § 4, 32 Stat. 797 [U. S. Comp. St. Supp. 1905, p. 684],

It will be…

2Cases cited2 opinions

  1. In re McGurnDistrict Court, D. Nevada · 1900
  2. In re CornDistrict Court, N.D. Georgia · 1901

3Cited by6 opinions

  1. In re GottliebCourt of Appeals for the Second Circuit · 1919
  2. In re KoelleDistrict Court, E.D. Pennsylvania · 1909
  3. In re MarcusDistrict Court, S.D. New York · 1911
  4. In re HaskellDistrict Court, S.D. New York · 1908
  5. Sheinberg v. HoffmanCourt of Appeals for the Third Circuit · 1916

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