In re Palmer
U.S. Circuit Court for the District of Eastern Virginia
[Appeal from the district court of the United States for the Eastern district of Virginia.] E. V. Palmer filed his petition in bankruptcy on June 30th, 1874, in the United States district court for the Eastern district of Virginia, at Richmond. His application for discharge was opposed by one of his creditors, Rogers & Co., they alleging that his assets were not equal to thirty per centum of the debts proved against him, upon which he is bound as principal debtor.
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[Appeal from the district court of the United States for the Eastern district of Virginia.] E. V. Palmer filed his petition in bankruptcy on June 30th, 1874, in the United States district court for the Eastern district of Virginia, at Richmond. His application for discharge was opposed by one of his creditors, Rogers & Co., they alleging that his assets were not equal to thirty per centum of the debts proved against him, upon which he is bound as principal debtor. The deficiency of assets was certified by the register to the court in the certificate of conformity, which also states that in…
1Opinion of the Court
WAITE, Circuit Justice.
No discharge can be granted under section 29 of the bankrupt act, “if he (the bankrupt), or any person in his behalf, has procured the assent of any creditor to a discharge, or influenced the action of any creditor, at any stage of the proceedings, by any pecuniary consideration or obligation.” In this case the assets of the bankrupt were not equal • to thirty per centum of the claims against his estate, upon which he was liable as principal debtor. In order to obtain his discharge it became necessary for him to procure the assent of one-fourth of his creditors in…
2Cited by2 opinions
- In re DouglassDistrict Court, W.D. Pennsylvania · 1882
- In re DietzDistrict Court, S.D. New York · 1899