Gerdes v. Lustgarten

Lustgarten, the respondent, was adjudged bankrupt in an involuntary proceeding in the Southern District of New York. He duly filed an application for discharge. Two creditors filed objections, specifying four grounds of opposition, 1 which were referred to the referee. 2 Thereupon an order was made directing the trustee to prosecute the specifications at the expense of the estate.

Only two of them are here involved: one alleging that Lustgarten had failed to keep proper books of account, and the other, that he had obtained credit from the Corn Exchange Bank, an objecting creditor, upon a false…