In re Russell
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Walter Russell, bankrupt. On appeal by the Commercial Trust Company of New York from an order granting a discharge.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of Walter Russell, bankrupt. On appeal by the Commercial Trust Company of New York from an order granting a discharge. The following is the opinion of the trial court: T think that the contract of March 2, 1906, between Mr. Russell, Mrs. Russell, and the Commercial Trust Company bars the Trust Company from taking legal proceedings of any kind to the disadvantage of the bankrupt based on the linancial statements made to the Trust Company and the Rradstreet Company. There was ample…
1Opinion of the Court
LACOMBE, Circuit Judge.
On April 14, 1908, Russell filed his petition and was adjudged'a bankrupt. On June 8, 1908, he applied for his discharge. The creditors were duly cited to appear; the Commercial Trust Company, a creditor in the sum of $40,000, duly appeared and opposed the discharge, filing written specifications of objection. These specifications set out two statements in writing by the bankrupt, which the objecting creditor claimed were materially false and were made to the Trust Company for the purpose of obtaining property from it on credit, such property being obtained from the…
2Cases cited5 opinions
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- In re A. B. Carton & Co.District Court, S.D. New York · 1906
- In re DresserCourt of Appeals for the Second Circuit · 1906
- In re PincusDistrict Court, S.D. New York · 1906
- United States v. MeldrumDistrict Court, D. Oregon · 1906
3Cited by10 opinions
- Crane Co. v. James McHugh Sons, Inc.Court of Appeals for the Tenth Circuit · 1939
- In Re FeuerCourt of Appeals for the Second Circuit · 1925
- In re SimonDistrict Court, W.D. New York · 1913
- Haimowich v. MandelCourt of Appeals for the Third Circuit · 1917
- In re ZofferCourt of Appeals for the Second Circuit · 1914
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