Legal Opinion

In re Julius Bros.

Court of Appeals for the Second Circuit

Decided August 10, 1914No. 203PublishedCited by 35 opinions

Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from an order and decree entered in the United States District Court for the Southern District of New York denying the petition of George Julius and Simon Julius trading as Julius Bros., bankrupts, for their discharge.

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Appeal from the District Court of the United States for the Southern District of New York. This is an appeal from an order and decree entered in the United States District Court for the Southern District of New York denying the petition of George Julius and Simon Julius trading as Julius Bros., bankrupts, for their discharge. This decree was entered on October 24, 1913. The bankrupts are brothers and were engaged as copartners in the manufacturing of waists in the borough of Manhattan, in the city of New York, under the firm name of Julius Bros. On June 7, 1910, -the entire stock in trade,…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above). The discharge of the bankrupts has been refused, and we are asked to determine on this appeal whether error was committed in denying them their discharge. The granting of a discharge is not a matter which is optional or discretionary with the court. The statute provides that the judge shall hear the application for a discharge and shall discharge the applicant unless statutory cause for refusing the discharge is shown. It is made the duty of the court to refuse to discharge a bankrupt if it appears that he has “at any time subsequent to the first day of the…

2Cases cited9 opinions

  1. Stewart v. DunhamSupreme Court of the United States · 1885
  2. Van Iderstine v. National Discount Co.Supreme Court of the United States · 1913
  3. Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
  4. Lampson v. ArnoldSupreme Court of Iowa · 1865
  5. Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908

4 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois AdlmanCourt of Appeals for the Second Circuit · 1976
  2. In the Matter of Evelyn Halpern v. Warren C. Schwartz, Trustee in BankruptcyCourt of Appeals for the Second Circuit · 1970
  3. In Re Shapiro & OrnishDistrict Court, N.D. Texas · 1929
  4. In Re FreudmannDistrict Court, S.D. New York · 1973
  5. In re BrausCourt of Appeals for the Second Circuit · 1917

30 more not listed; retrieve them via the Exa API.

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