Hardie v. Swafford Bros. Dry Goods Co.

Citations

• 165 F. 588
• 20 L.R.A.N.S. 785
• 1908 U.S. App. LEXIS 4785

Syllabus

<p>1. Bankruptcy (§ 414*) — Construction' op Bankruptcy Act — Right of Bankruptcy to Discharge.</p> <p>One of the main objects, if not the most important, of Bankr. Act July 1, 1898, c. 541, § 1, 30 Stat. 544 (U. S. Comp. St. 1901, p. 3418), is to release the honest but insolvent debtor from the burden of his debts, in the interest of his family and the general public, and the burden rests upon one opposing a bankrupt’s discharge to bring the case clearly within some one of the exceptions enumerated in the act.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 720; Dec. Dig. § 414.*]</p> <p>2. Bankruptcy (§ 407*) — Grounds for Refusal of Discharge — False Statements by Partner.</p> <p>A materialljr false statement in writing made by a partner in the ordinary course of business of the partnership in buying merchandise for the purpose of obtaining goods on credit, and by means of which they were so obtained by the firm, is not ground for refusing a discharge in bankruptcy, under Bankr. Act July 1, 1898, e. 541, § 14b, cl. 3, 30 Stat. 550 (U. S. Oomp. St. 1901, p. 3427), as amended by Act Feb. 5, 1903, c. 487, 32 Stat. 797 (U. S. Comp. St. Supp. 1907, p. 1026), to another partner who did not participate in the wrongful act and had no knowledge of it. [Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 407.*]</p> <p>Shelby, Circuit Judge, dissenting.</p>