Legal Opinion

In re Hughes

Court of Appeals for the Second Circuit

Decided December 10, 1919No. 59PublishedCited by 19 opinions

Appeal from the District Court of the United States for the Eastern District of New York, In the matter of Elizabeth I,. Hughes, bankrupt. From an order granting' a discharge, Augusta 'Doctor and another appeal.

Read the full summary

Appeal from the District Court of the United States for the Eastern District of New York, In the matter of Elizabeth I,. Hughes, bankrupt. From an order granting' a discharge, Augusta 'Doctor and another appeal. Certain creditors (appellants here) objected to bankrupt’s discharge on various grounds of which two only need be mentioned: (1) She concealed, by omitting from her sworn schedules, certain shares of stock in an incorporated company; (2) she similarly concealed an interest in property created by a transfer by her still living father to a trustee, and of such a nature as to be “real…

1Opinion of the Court

HOUGH, Circuit Judge.

[1, 2] The administration of bankruptcy is so largely a matter of business that any and every formality in ihe court of first instance, additional to those prescribed by statute, is to be avoided as far as possible. The matter of discharges is hy the act a duty laid on the judge holding the District Court, and commissioners or masters are merely his advisory assistants. We approve of the decision in International Harvester Co. v. Carlson, 217 Fed. 736, 133 C. C. A. 430, and hold that the equity rules of the Supreme Court are not rules of court affecting the administrative…

2Cases cited4 opinions

  1. Doctor v. . HughesNew York Court of Appeals · 1919
  2. International Harvester Co. of America v. CarlsonCourt of Appeals for the Eighth Circuit · 1914
  3. In re DauchyCourt of Appeals for the Second Circuit · 1904
  4. In re McCreaCourt of Appeals for the Second Circuit · 1908

3Cited by19 opinions

  1. Morimura, Arai & Co. v. TabackSupreme Court of the United States · 1929
  2. Central Republic Bank & Trust Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1932
  3. Daniel v. Guaranty Trust Co. of NYSupreme Court of the United States · 1932
  4. Chaudhry v. Ksenzowski (In Re Ksenzowski)United States Bankruptcy Court, E.D. New York · 1985
  5. Massey v. Farmers & Merchants Nat. Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1938

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API