In re Wright
District Court, S.D. New York
[In the matter of John S. Wright, a bankrupt..] By JOHN FITCH, Register: 2 [This cause is now pending before me in this court of bankruptcy. The petitioner sets forth in his schedules an indebtedness as a member of the firm of Wright, Maxwell & Co. to Knowles & Forster, creditors.
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[In the matter of John S. Wright, a bankrupt..] By JOHN FITCH, Register: 2 [This cause is now pending before me in this court of bankruptcy. The petitioner sets forth in his schedules an indebtedness as a member of the firm of Wright, Maxwell & Co. to Knowles & Forster, creditors. The petitioner sets out the cause of indebtedness as follows: “The said Knowles & Forster made a' claim in Rio de Janeiro, as creditors of Wright, Maxwell & Co., and Maxwell, Wright & Co., on the failure of the latter firm,' which claim, the petitioner believes, was admitted by the court at Rio. The petitioner…
1Opinion of the Court
BLATCHFOKD. District Judge.
The creditors, Knowles & Forster, cannot be allowed to examine the bankrupt, to prove the nature of the transaction out of which the indebtedness *659•due to them arose, and that such indebtedness was created by the false and fraudulent representations of the bankrupt and his late partnership, for the purpose of showing that the debt cannot be discharged under the proceedings in bankruptcy. The examination proposed is wholly irrelevant. The question of fraud in the creation of the debt cannot be litigated in these proceedings. A debt which is, by section S3 of the act,…
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