Kitzinger v. Geo. V. Clark Co.

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether the referee in bankruptcy erred in denying a discharge to the bankrupt Stanley Kitzinger on the ground that the latter had obtained credit from the objecting creditor Geo. V. Clark Co., Inc., by making a materially false statement in writing respecting the bankrupt's financial condition, and whether the District Court erred in affirming the decision of the referee. We think that the financial statement was not false and that the bankrupt is entitled to a discharge.

Kitzinger was the president and a substantial…