In re Newbury & Dunham
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 bankruptcy proceedings of Newbury & Dunham. From an order affirming the report of a Special Master sustaining exceptions to an application for the bankrupts’ discharge and denying the same, they appeal.
1Opinion of the Court
COXE, Circuit Judge.
[1] The law applicable to the present controversy is found in section 14b of the Bankruptcy Act, as amended in 1903. It provides, inter alia, that the judge shall hear the application “and discharge the applicant unless he has * * * (2) with intent to conceal his financial condition, destroyed, concealed, or failed to keep books of account or records from which such condition might be ascertained.” The act as originally passed contained the word “fraudulent” before the word “intent,” the word “true” before the word “financial,” and the words “and in contemplation of…
2Cases cited1 opinion
- In re HannaCourt of Appeals for the Second Circuit · 1909
3Cited by8 opinions
- Sternburg v. CohenCourt of Appeals for the First Circuit · 1918
- In re LandersmanDistrict Court, D. New Jersey · 1917
- In re JosephsonDistrict Court, D. Oregon · 1916
- In re AmsterDistrict Court, N.D. Ohio · 1918
- In re ArnoldDistrict Court, D. New Hampshire · 1932
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