In the Matter of Albert M. Barbato, Bankrupt, Royal Indemnity Company, a Corporation of the State of New York, a Creditor

HASTIE, Chief Judge.

This appeal has been taken from an order dismissing a creditor’s objections to the discharge of a bankrupt general contractor. It was and is the contention of the creditor, a bonding company .which had provided performance and payment bonds covering construction projects undertaken by the bankrupt, that the contractor forfeited his right to a discharge by inducing the bonding company to become his surety through “a materially false statement in writing respecting his financial condition.” Within the meaning of section 14c(3) of the Bankruptcy Act, 11 U.S.C. § 32(c) (3).

A…