Legal Opinion

In re Miller

Court of Appeals for the Second Circuit

Decided March 10, 1914No. 159PublishedCited by 4 opinions

Appeal from the District Court of the United- States for the Eastern District of New York. This cause comes here on appeal from a decree of the District Court, Eastern District of New York, denying the application of the bankrupt for a discharge. The opinion of the District Judge will be found in 203 Fed. 170.

1Opinion of the Court

LACOMBE, Circuit Judge.

[1] The grounds of objection to discharge are alleged concealment of property and a failure to keep books of account with intent to conceal his condition. The burden of proof is on the objecting creditors; the court must be satisfied by evidence that the objections are sustained. A discharge should not be refused, when the evidence fails to support the averments, merely because some of the proof “looks suspicious.”

Miller was adjudicated a voluntary bankrupt on May 22, 1911. The schedules are not before us, but from the opinion of the District Judge it appears that the…

2Cited by4 opinions

  1. In re GottliebCourt of Appeals for the Second Circuit · 1919
  2. In re MilneDistrict Court, D. New Jersey · 1941
  3. In re JablowCourt of Appeals for the Second Circuit · 1926
  4. Sheinberg v. HoffmanCourt of Appeals for the Third Circuit · 1916

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