In re Elkind
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Max Elkind and another, bankrupts. From an order denying the bankrupts’ application for a discharge, they appeal.
1Opinion of the Court
WARD, Circuit Judge.
This is an appeal from an order of the District Court denying the petitioners a discharge in bankruptcy. May 13, 1907, certain of their creditors objected to their discharge on the ground that they had been adjudicated bankrupts in an involuntary proceeding involving the same indebtedness, in 1904, and had been denied a discharge, making the subject res adjudicata. The District Judge, stating that the objecting creditors were no longer parties in interest, said in his memorandum, among other things:
“It cannot be doubted that the failure to apply timely for a discharge in…
2Cases cited1 opinion
- Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
3Cited by6 opinions
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- In re LyonsDistrict Court, E.D. New York · 1922
- In re FreshmanDistrict Court, N.D. Texas · 1923
- In re RichterDistrict Court, D. Connecticut · 1911
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
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