Legal Opinion

Sherwood Shoe Co. v. Wix

Court of Appeals for the Fourth Circuit

Decided February 14, 1917No. 1485PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Western District of South Carolina, at Greenville; Joseph I. Johnson, Judge. In the matter of John W. Wix, bankrupt. From a decree of the District Court granting a discharge to the bankrupt over the objection of Sherwood Shoe Company and another (236 Fed. 262), the objecting creditors appeal.

1Opinion of the Court

DAYTON, District Judge.

[1] In this case creditors are objecting to the granting of a discharge to the bankrupt. Their objections are based solely upon section 14, par. “b,” cl. 2, of the Bankrupt Act, providing that the bankrupt shall be granted a discharge unless he has, “with intent to conceal his financial condition, destroyed, concealed, or failed to keep books of ‘account or records from which such condition might be ascertained.” Analyzing this statutory provision, it is clear that its sole purpose is to condemn a design on the part of a bankrupt to.conceal his financial condition by…

2Cases cited1 opinion

  1. In re MarcusDistrict Court, S.D. New York · 1911

3Cited by3 opinions

  1. Devorkin v. Security Bank & Trust Co. of MemphisCourt of Appeals for the Sixth Circuit · 1917
  2. In re WilliamsDistrict Court, W.D. South Carolina · 1921
  3. In re LallyDistrict Court, N.D. New York · 1919

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