In re Howden
District Court, N.D. New York
In Bankruptcy. On motion to confirm report of referee recommending that the bankrupt’s petition for a discharge be denied, and upon exceptions to the report. The referee finds that the third, fourth, and sixth specifications, filed by the objeding creditor, have been sustained.
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In Bankruptcy. On motion to confirm report of referee recommending that the bankrupt’s petition for a discharge be denied, and upon exceptions to the report. The referee finds that the third, fourth, and sixth specifications, filed by the objeding creditor, have been sustained. The third specification charges that the bankrupt made a false oath in verifying his schedule of indebtedness, which contained a statement that he owed Archibald G. Howden, his father, $100, for cash loaned, whereas, in truth and in fact, the said sum was paid to the bankrupt: by liis father for services rendered. The…
1Opinion of the Court
COXE, District Judge.
The controversy hinges upon the single question whether or not the bankrupt had a claim against his father for work, labor and services which he should have included in his schedules. If such claim did not exist the charge of having made a false oath must fall. At the time the testimony was taken, in the *724winter of 1898, the bankrupt was 46 and his father was 87 years of age. They were both widowers and had lived together during almost the entire time in controversy upon a small farm of 53 acres situated in the village of Ft. Edward. The bankrupt’s wife lived with him on…
2Cases cited4 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Accounting of Otis v. HallNew York Court of Appeals · 1889
- In re CornDistrict Court, N.D. Georgia · 1901
- In re FerrisDistrict Court, N.D. Iowa · 1900
3Cited by7 opinions
- Troeder v. LorschCourt of Appeals for the First Circuit · 1906
- In re PerlmutterDistrict Court, D. New Jersey · 1919
- Remmers v. Merchants'-Laclede Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1909
- In re ChamberlainDistrict Court, N.D. New York · 1910
- In re HamiltonDistrict Court, W.D. New York · 1904
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