In re Pevear

N.D. New York

In re Pevear

21 F. 121

DecidedJuly 1, 1884

StatusPublished

This text of 21 F. 121 (In re Pevear) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Pevear, 21 F. 121 (N.D.N.Y. 1884).

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Opinion

Coxe, J.

It cannot be said, upon the evidence submitted, that the register has reached an incorrect conclusion. In a proceeding of this nature, where fraud is charged and a summary remedy demanded, the court should be clearly satisfied that the accusations of the petition are sustained by the proof. The evidence is not of this convincing character. It is contradictory, conjectural, and replete with inaccuracies. It eannot be said that fraud on the part of the bankrupts has been so clearly established that the court would be justified in making the order asked for in the petition.

I do not think that the findings of the register should be disturbed.

Exceptions overruled.

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Coxe, J.

It cannot be said, upon the evidence submitted, that the register has reached an incorrect conclusion. In a proceeding of this nature, where fraud is charged and a summary remedy demanded, the court should be clearly satisfied that the accusations of the petition are sustained by the proof. The evidence is not of this convincing character. It is contradictory, conjectural, and replete with inaccuracies. It eannot be said that fraud on the part of the bankrupts has been so clearly established that the court would be justified in making the order asked for in the petition.

I do not think that the findings of the register should be disturbed.

Exceptions overruled.

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Bluebook (online)

21 F. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pevear-nynd-1884.