Legal Opinion

In re James

District Court, E.D. North Carolina

Decided January 29, 1910PublishedCited by 8 opinions

In the matter of John R. James, bankrupt. On application for discharge in bankruptcy. On November 4, 1907, petitioner executed to Robert James a deed of assignment, transferring' to him all of his property for the purpose of paying his (petitioner’s) debts. On October 25, 1907, without the knowledge of his assignee, and with intent to defraud his creditors, petitioner concealed, by hiding in the woods, a portion of his personal property—goods and merchandise.

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In the matter of John R. James, bankrupt. On application for discharge in bankruptcy. On November 4, 1907, petitioner executed to Robert James a deed of assignment, transferring' to him all of his property for the purpose of paying his (petitioner’s) debts. On October 25, 1907, without the knowledge of his assignee, and with intent to defraud his creditors, petitioner concealed, by hiding in the woods, a portion of his personal property—goods and merchandise. On January 5, 1908, the place of concealment of the property was discovered by another person and disclosed to the assignee, who took…

1Opinion of the CourtConnor, District Judge

(after stating the facts as above). The objection urged by the creditors to petitioner’s application for a discharge is based upon the language of subsection 4 of section 14b of the bankrupt act, which makes it the duty of the judge, upon the petition of the bankrupt made in accordance with the provisions of the act to grant the discharge “unless he has at any time subsequent to the four months immediately preceding the filing of the petition, transferred, removed, destroyed or concealed his property, with intent to hinder, delay or defraud his creditors.” The sole question, therefore,…

2Cases cited3 opinions

  1. In re QuackenbushDistrict Court, N.D. New York · 1900
  2. United States v. CohnU.S. Circuit Court for the District of Southern New York · 1906
  3. In re Jacobs & VerstandigDistrict Court, D. Oregon · 1906

3Cited by8 opinions

  1. Penner v. Penner (In Re Penner)United States Bankruptcy Court, N.D. Indiana · 1989
  2. In Re ElliottDistrict Court, E.D. Pennsylvania · 1948
  3. Groth v. KruegerCourt of Appeals for the Seventh Circuit · 1929
  4. In re AgnewDistrict Court, N.D. New York · 1915
  5. In re GoodmanDistrict Court, W.D. New York · 1936

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