Bank of Elberton v. Swift
Court of Appeals for the Fifth Circuit
* Appeal and Petition to Superintend and Revise from the District Court of the United States for the Northern District of Georgia; William T. Newman, Judge. Voluntary proceeding in bankruptcy by John K. Swift. The petition of the Bank of Elberton to set aside the adjudication on the ground of fraud was denied (259 Ecd. 612), and petitioner appeals and files petition to superintend and revise.
1Opinion of the Court
BRYAN, Circuit Judge.
November 8, 1917, John K. Swift was adjudged a bankrupt on his voluntary petition. June 6, 1918, the Bank of Elberton filed a petition to set aside the adjudication, on the ground of fraud. The fraud charged was that the bankrupt was using the Bankruptcy Act to defeat the collection of his note for $4,300, which the bank held against him. The bank’s petition alleged that the note was *306dated April 16, 1917, and due December 1, 1917; that at the time the bankrupt filed his petition his mother was 98 years old and at the'point of death, -and that she actually died shortly…
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- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Court of Appeals for the Eighth Circuit · 1917
- In re GardnerDistrict Court, S.D. New York · 1901
- In re FowlerDistrict Court, D. Massachusetts · 1867
- In re EhleDistrict Court, D. Vermont · 1901
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