In re Goldman

Second Circuit

In re Goldman

129 F. 212, 63 C.C.A. 370, 1904 U.S. App. LEXIS 4040

Court of Appeals for the Second Circuit·Decided March 10, 1904·No. No. 188·Published·Cited by 6 cases

Opinion

PER CURIAM.

We have no doubt of the power of the court to reopen the estate of the bankrupt or of the right of the trustee to maintain action necessary to recover concealed assets. But the motion was addressed to the sound discretion of the District Judge, and we are not satisfied that it was not properly exercised, in the interests of preventing litigation of insignificant importance. Had the application been made by the original creditors it would be regarded with more favor. ■

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PER CURIAM.

We have no doubt of the power of the court to reopen the estate of the bankrupt or of the right of the trustee to maintain action necessary to recover concealed assets. But the motion was addressed to the sound discretion of the District Judge, and we are not satisfied that it was not properly exercised, in the interests of preventing litigation of insignificant importance. Had the application been made by the original creditors it would be regarded with more favor. ■

In re Goldman, 129 F. 212, 63 C.C.A. 370, 1904 U.S. App. LEXIS 4040 (2d Cir. 1904).

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Opinion

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