In re Gaylord
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Northern District of New York.
1Opinion of the Court
WARRACE, Circuit Judge.
If the bankrupt, in his examination at the first meeting of creditors, intentionally testified falsely respecting a material fact, we do not doubt that his perjury constituted a valid objection to his discharge, and that his discharge should have been refused. Section 7 of the bankrupt act provides that no testimony given by the bankrupt at any meeting of creditors “shall be offered in evidence against him in any criminal proceeding.” The proceeding for a discharge is not a criminal proceeding, and the section has no apparent application to it. His right to a discharge…
2Cases cited1 opinion
- In re MarxDistrict Court, D. Kentucky · 1900
3Cited by15 opinions
- In Re SlocumCourt of Appeals for the Second Circuit · 1927
- Wechsler v. United StatesCourt of Appeals for the Second Circuit · 1907
- Troeder v. LorschCourt of Appeals for the First Circuit · 1906
- In re LeslieDistrict Court, N.D. New York · 1903
- Hartsfield Co. v. SmithCourt of Appeals for the Fifth Circuit · 1932
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