In re Greenberg

S.D. New York

In re Greenberg

106 F. 496, 1901 U.S. Dist. LEXIS 341

DecidedMarch 12, 1901

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This text of 106 F. 496 (In re Greenberg) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Greenberg, 106 F. 496, 1901 U.S. Dist. LEXIS 341 (S.D.N.Y. 1901).

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Opinion

BROWN, District Judge.

The testimony on the part of the bankrupts, particularly of Morris Greenberg, shows such a mass of fraud and perjury that it is impossible to determine precisely the amount of property concealed or removed. The referee’s finding is undoubtedly warranted by the testimony as a whole, and is its logical result; and yet from the evident frauds and perjuries above referred to, and other circumstances attending the case, I am led to doubt whether the bankrupts or either of them when the order was applied for, had |2-2,000 under their control. I think it probable that through fraud, profligacy and waste, at least by the son, a considerable portion of -the assets disappeared in excess of what the referee has allowed for, but whatever remains concealed in their hands, I find the father equally responsible for. I conclude to direct a reduction to $14,000, and to order the bankrupts to be committed until paid, unless payment of said sum be made within 10 days.

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BROWN, District Judge.

The testimony on the part of the bankrupts, particularly of Morris Greenberg, shows such a mass of fraud and perjury that it is impossible to determine precisely the amount of property concealed or removed. The referee’s finding is undoubtedly warranted by the testimony as a whole, and is its logical result; and yet from the evident frauds and perjuries above referred to, and other circumstances attending the case, I am led to doubt whether the bankrupts or either of them when the order was applied for, had |2-2,000 under their control. I think it probable that through fraud, profligacy and waste, at least by the son, a considerable portion of -the assets disappeared in excess of what the referee has allowed for, but whatever remains concealed in their hands, I find the father equally responsible for. I conclude to direct a reduction to $14,000, and to order the bankrupts to be committed until paid, unless payment of said sum be made within 10 days.

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Bluebook (online)

106 F. 496, 1901 U.S. Dist. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-greenberg-nysd-1901.