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· 5/23/1904

In re Goodhile

Citations

  • 130 F. 782
  • 1904 U.S. Dist. LEXIS 275

Syllabus

<p>1. Bankruptcy — Hearing on Application por Discharge — Evidence.</p> <p>On the hearing on a petition for discharge and the specifications of objection thereto, the testimony of the bankrupt given at the first meeting of creditors is admissible, but the testimony of other witnesses taken at such time is not.</p> <p>2. Same — Irregularity in Hearing.</p> <p>It is an irregularity for a referee to take testimony on an application for discharge against which objection is filed before returning the same to the court; but where both parties appear, so that no prejudice can result, testimony so taken will not be stricken out.</p> <p>3. Same — Discharge—Obtaining Property by False Statement.</p> <p>A bankrupt who, while in the mercantile business, made a written statement to a wholesale house as a basis for credit, and on which she obtained goods on credit which were unpaid for at the time of the bankruptcy, in which statement she listed as an asset, at a net valuation of $1,400, land which she did not own and had never owned, obtained property on credit upon & materially false statement, and under Bankr. Act July 1, 1898, c. 541, § 14b, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427], as amended by Act Feb. 5, 1903,- c. 487, § 4, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 411], is not entitled to a discharge.</p>

Judges: Reed

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