In re Robinson

LOWEEE, District Judge.

A creditor sought to prove a note made in New York at a usurious rate of interest. On due objection the claim was disallowed, and the creditor has moved to amend his original proof by substituting therefor a claim “for money fraudulently obtained by said bankrupt and received to the deponent’s use.” The frauds alleged were representations of fact concerning the bankrupt’s business, his assets, and his intended application of the money borrowed. The referee refused to permit the amendment on the ground that the claim as amended would not be provable. If provable as…