Legal Opinion

In re Tobias, Greenthal & Mendelson

District Court, S.D. New York

Decided March 15, 1914PublishedCited by 1 opinion

In Bankruptcy. In the matter of bankruptcy proceedings of Tobias, Greenthal & Mendelson. On motion of Robert C. Moms,' receiver, to compel the bankrupt to answer questions on an examination under Bankr. Act, § 21a. The proceedings were involuntary, but they had gone to adjudication, and the bankrupt had filed his schedules, containing, of course, a statement of his liabilities and- of his property.

Read the full summary

In Bankruptcy. In the matter of bankruptcy proceedings of Tobias, Greenthal & Mendelson. On motion of Robert C. Moms,' receiver, to compel the bankrupt to answer questions on an examination under Bankr. Act, § 21a. The proceedings were involuntary, but they had gone to adjudication, and the bankrupt had filed his schedules, containing, of course, a statement of his liabilities and- of his property. On the examination he declined to answer any questions on the ground that they would incriminate him.

1Opinion of the Court

HAND, District Judge.

[ 1 ] That a bankrupt has a privilege against self-crimination is settled in this district. Re Feldstein (D. C. N. Y.) 4 Am. Bankr. Rep. 321, 103 Fed. 260; Re Kanter & Cohen (D. C. N. Y.) 9 Am. Bankr. Rep. 104, 117 Fed. 356. Section 7 (9) of the Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3425]) could be drawn to toll the privilege under Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819; but as it stands I think Counselman v. Hitchcock, 142 U. S. 562, 12 Sup. Ct. 195, 35 L. Ed. 1110, controls. Mackel v. Rochester (C. C. A.…

2Cases cited12 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Johnson v. United StatesCourt of Appeals for the First Circuit · 1908
  4. Ensign v. PennsylvaniaSupreme Court of the United States · 1913
  5. Evans v. O'ConnorMassachusetts Supreme Judicial Court · 1899

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. McCarthy v. ArndsteinSupreme Court of the United States · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API