Goerner v. Eastman

Fifth Circuit

Goerner v. Eastman

261 F. 177, 1919 U.S. App. LEXIS 1746

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 22, 1919

DocketNo. 3378

StatusPublished

This text of 261 F. 177 (Goerner v. Eastman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goerner v. Eastman, 261 F. 177, 1919 U.S. App. LEXIS 1746 (5th Cir. 1919).

Pincite

Opinion

WALKER, Circuit Judge.

This is an appeal from an order confirming a recommendation of the referee that the appellant bankrupt’s application for a discharge be denied. The referee’s recommendation was a result of a finding that the bankrupt obtained money upon a materially false statement in writing made by him to the appellee, a cred[178]*178itor who appeared and filed specifications of objections to the discharge applied for.

The finding of the referee was supported by testimony of the bankrupt himself given at the first meeting of his creditors. The only basis for the contention that the finding was unsupported by evidence is the circumstance that testimony of the bankrupt on the hearing of the objections to his discharge was in conflict with his previously made admissions. The evidence was such'that it fully justified the finding of the referee, and the action of the court in confirming it and denying the application for discharge. The record does not show the commission of any error.

The order or judgment appealed from is affirmed.

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WALKER, Circuit Judge.

This is an appeal from an order confirming a recommendation of the referee that the appellant bankrupt’s application for a discharge be denied. The referee’s recommendation was a result of a finding that the bankrupt obtained money upon a materially false statement in writing made by him to the appellee, a cred[178]*178itor who appeared and filed specifications of objections to the discharge applied for.

The finding of the referee was supported by testimony of the bankrupt himself given at the first meeting of his creditors. The only basis for the contention that the finding was unsupported by evidence is the circumstance that testimony of the bankrupt on the hearing of the objections to his discharge was in conflict with his previously made admissions. The evidence was such'that it fully justified the finding of the referee, and the action of the court in confirming it and denying the application for discharge. The record does not show the commission of any error.

The order or judgment appealed from is affirmed.

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Bluebook (online)

261 F. 177, 1919 U.S. App. LEXIS 1746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goerner-v-eastman-ca5-1919.