In re Gany
District Court, S.D. New York
In Bankruptcy. In the matter of the claim o£ a seller for a return of goods alleged to have been secured by the bankrupt by false representations.
1Opinion of the Court
BROWN, District Judge.
The referee having found that the false representations were in fact made, as alleged by the creditor, in which finding I am inclined to agree with him, I feel bound to allow to the creditor the fair benefit of that element in the case. He swears he did rely on those representations. It is natural that he should do so; the mere fact that he also required the payment of the overdue bill of $75 is not inconsistent with such reliance. He might well say: "If you don’t pay the $75 I won’t deal with you any way. If that is paid, oh your representation I will trust you for…
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