Legal Opinion

Firestone v. Harvey

Court of Appeals for the Sixth Circuit

Decided December 7, 1909No. 1,962PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Northern District of Ohio. In the matter of George 15. Harvey, bankrupt. On appeal by Solomon J. Firestone and others from an order granting a discharge. This is an appeal from an order granting a discharge to a bankrupt. The appellants, being creditors of the bankrupt, Harvey, objected to bis discharge and filed specifications.

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Appeal from the District Court of the United States for the Northern District of Ohio. In the matter of George 15. Harvey, bankrupt. On appeal by Solomon J. Firestone and others from an order granting a discharge. This is an appeal from an order granting a discharge to a bankrupt. The appellants, being creditors of the bankrupt, Harvey, objected to bis discharge and filed specifications. The specifications were as follows: “(1) On January 23, 1908, said George B. Ilarvey, doing business as the Lisbon Banking Company, fraudulently obtained from said Firestone Bros, on credit valuable property…

1Opinion of the CourtBurton, Circuit Judge

(after stating the facts as above). The objection to the discharge of the bankrupt is based upon the contention that the drawing of the two drafts by Armstrong, the assistant cashier, was ground for refusing a discharge under subdivision 3 of section 14b (Act July 1, 1898, c. 541, 30 Stat. 550 [U. S. Comp. St. 1901 p. 3427]) of the bankruptcy act, namely, that the bankrupt had thereby “obtained property on credit from any person upon a materially false statement in writing made to such person for the purpose of obtaining such property on credit.” * The words quoted came into the law by the…

2Cases cited2 opinions

  1. Gilpin v. Merchants' Nat. BankCourt of Appeals for the Third Circuit · 1908
  2. Wood v. StateSupreme Court of Georgia · 1873

3Cited by14 opinions

  1. Fidelity & Deposit Co. of Md. v. ArenzSupreme Court of the United States · 1933
  2. Third Nat. Bank v. SchattenCourt of Appeals for the Sixth Circuit · 1936
  3. In re PerlmutterDistrict Court, D. New Jersey · 1919
  4. In Re GoldbergCourt of Appeals for the Sixth Circuit · 1931
  5. In re MorganCourt of Appeals for the Second Circuit · 1920

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