In re Mintzer

Citations

• 197 F. 647
• 1912 U.S. Dist. LEXIS 1470

Syllabus

<p>1. Bankruptcy (§ 413*) — Discharge—Objections—Sufficiency.</p> <p>Specifications of objection to a bankrupt’s discharge following the general language of the statute are insufficient, and a motion will lie to have them made more specific, if made before the case is called for trial.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 712-728; Dec. Dig. § 413.*]</p> <p>2. Bankruptcy (if 413*) — Discharge—Specifications of Objection.</p> <p>A motion to compel a bankrupt’s trustee to make more specific certain specifications of objection to the bankrupt’s discharge, made after witnesses had been called, and it was apparent that the bankrupt would not be surprised or prejudiced by the form of the objections, was properly denied until after the testimony had been introduced in order that the proof might supply the deficiencies.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 712-728; Dee. Dig. § 413.*]</p> <p>3. Bankruptcy (§ 413*) — Discharge—Specifications of Objection.</p> <p>Where specifications of objection to a bankrupt’s discharge were in the general language of the statute only, it was improper for the commissioner to refuse to have the specifications amended to conform to the proof, if he intended to rely on the proofs as supplying the deficiencies in the specifications.</p> <p>TEd. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 712-728; Dec. Dig. § 413.*]</p> <p>4. Bankruptcy (§ 409*) — Discharge—Objections—Failure to Keep Books.</p> <p>That a bankrupt kept no books except a cash book and a check hook in which the entries had been made by a young woman who acted as his clerk, and who, after bankruptcy, could not be located as a witness, was insufficient to sustain an objection to the bankrupt’s discharge for failure to keep books of account from wbicb his financial condition might he ascertained.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 739, 752-757 ; Dec. Dig. § 409.*]</p> <p>5. Bankruptcy