Legal Opinion

In re Delmour

District Court, S.D. New York

Decided April 14, 1908PublishedCited by 4 opinions

In Bankruptcy. Motion to confirm report of special master denying bankrupt’s discharge.

1Opinion of the Court

HOUGH, District Judge.

With the cases holding, or seeming to hold, that anything more than a fair preponderance of creditable testimony is necessary to require the court to deny a discharge, I do not agree. In my judgment the law is properly stated in Re Leslie, 9 Am. Bankr. Rep. 561, 119 Fed. 406, viz., that it is not necessary to *590establish concealment of assets beyond a reasonable doubt, but by a fair preponderance of creditable testimon3r only. Viewed in this light, the referee’s report is entirely satisfactory. The testimony against the bankrupt was clear and direct. It may be admitted…

2Cases cited1 opinion

  1. In re LeslieDistrict Court, N.D. New York · 1903

3Cited by4 opinions

  1. In re GarrityCourt of Appeals for the Second Circuit · 1917
  2. In re DoyleDistrict Court, W.D. New York · 1912
  3. In re BrysonDistrict Court, N.D. Texas · 1931
  4. In re MargolisDistrict Court, D. Massachusetts · 1909

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