Legal Opinion

Cleland v. Iowa Loan & Trust Co.

Court of Appeals for the Eighth Circuit

Decided September 1, 1919No. 5359PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of Iowa; Martin J. Wade, Judge. In the matter of Charles B. Cleland, bankrupt. Bankrupt’s petition for discharge was resisted by the Iowa Doan & Trust Company. From an order refusing discharge, the bankrupt appeals.

1Opinion of the Court

CARLAND, Circuit Judge.

This is an appeal from a judgment refusing appellant a discharge in bankruptcy. The questions for decision are purely those of fact. The denial of a discharge was based upon the fact that the appellant had obtained money from appellee on credit upon a materially false statement in writing, made for the purpose of obtaining such credit. Section 14b(3), Bankruptcy Daw (Act July 1, 1898, c. 541, 30 Stat. 550 [Comp. St. § 9598]). The clear preponderance of the evidence shows, in our opinion, the following facts:

On May 22, 1916, appellant presented to appellee at its request…

2Cases cited5 opinions

  1. In re AugspurgerU.S. Circuit Court for the District of Southern Ohio · 1909
  2. In re MillerDistrict Court, N.D. Iowa · 1912
  3. In re BrenerDistrict Court, S.D. New York · 1907
  4. In re SimonDistrict Court, W.D. New York · 1913
  5. In re KoelleDistrict Court, E.D. Pennsylvania · 1909

3Cited by6 opinions

  1. In Re RussellDistrict Court, D. New Hampshire · 1931
  2. Joseph Edward Becker, Bankrupt v. Audrey D. Shields, Objecting CreditorCourt of Appeals for the Eighth Circuit · 1956
  3. Bank of Monroe, of Monroe, Neb. v. GleesonCourt of Appeals for the Eighth Circuit · 1925
  4. In Re TrimbleCourt of Appeals for the Eighth Circuit · 1932
  5. In re PowellDistrict Court, D. Maryland · 1927

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