Ex parte Briggs
District Court, D. Massachusetts
In bankruptcy. C. A. Briggs & Co., creditors of the bankrupt, within two years after the discharge heretofore granted to him, applied to the court, under section 34 of the statute of 1867, to annul the same.
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In bankruptcy. C. A. Briggs & Co., creditors of the bankrupt, within two years after the discharge heretofore granted to him, applied to the court, under section 34 of the statute of 1867, to annul the same. They specified five acts .as fraudulent within the meaning of that section: three of preference to creditors; one, the failure to keep books-of account; and the fifth, that one Tucker, in hehalf of the debtor, and he being privy thereto, had, by a pecuniary consideration, induced and procured certain objecting creditors to withdraw their opposition to the debtor’s discharge. The…
1Opinion of the Court
LOWELL, District Judge.
Two questions-have been argued: 1, Whether the neglect by a tradesman to keep proper books of account is good ground for setting aside his-discharge in bankruptcy after it has been granted; 2, Whether payment by a surety of the bankrupt, for his own purposes, to induce a creditor not to oppose the discharge, comes within the prohibition of the statute-as a payment by the bankrupt, or “in his; behalf.” Section 29 [14 Stat. 531]; Rev. St. § 5110.
1. This application is under section 34 [14 Stat. 533], Rev. St. § 5120, which empowers any creditor who desires to contest the…
2Cited by2 opinions
- In re SiegelDistrict Court, S.D. New York · 1918
- In re DietzDistrict Court, S.D. New York · 1899