In re Stark
District Court, S.D. New York
In Bankruptcy. On certificate from referee in bankruptcy. The issues arising upon the bankrupt’s application for discharg-c in this case, and the specifications in opposition thereto, were referred to the referee in bankruptcy, to ascertain and report the facts. He found that in 1891 Isidor Stark, the bankrupt, who was then a member of the firm of Isidor Stark & Bros., confessed judgment to a brother for borrowed money.
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In Bankruptcy. On certificate from referee in bankruptcy. The issues arising upon the bankrupt’s application for discharg-c in this case, and the specifications in opposition thereto, were referred to the referee in bankruptcy, to ascertain and report the facts. He found that in 1891 Isidor Stark, the bankrupt, who was then a member of the firm of Isidor Stark & Bros., confessed judgment to a brother for borrowed money. Under an execution issued on such judgment, the sheriff levied on the assets of the partnership, and took possession of their store. The firm kept the usual books of account,…
1Opinion of the Court
BROWN, District Judge.
It is not necessary to consider here ■whether the words “in contemplation of bankruptcy” in section 14, cl. 2, of the act of 1898, are broader in their signification than under prior acts (Buckingham v. McLean, 13 How. 167; In re Craft, 6 Blatchf. 178, Fed. Cas. No. 3,317; In re Goldschmidt, 3 Ben. 379, Fed. Cas. No. 5,520; In re Freeman, 4 Ben. 245, Fed. Cas. No. 5,082) or not; for I am of opinion that (he evidence is not sufficient to warrant the finding that the loss or disappearance of the books of account in this case in 1891 was with any “fraudulent intent of the…
2Cases cited3 opinions
- Buckingham v. McLeanSupreme Court of the United States · 1852
- In re GoldschmidtDistrict Court, S.D. New York · 1869
- In re FreemanDistrict Court, S.D. New York · 1870
3Cited by2 opinions
- In re ShorerDistrict Court, D. Connecticut · 1899
- In re DewsDistrict Court, D. Rhode Island · 1899