In re Reinhoudt

W.D. New York

In re Reinhoudt

21 F.2d 590, 1927 U.S. Dist. LEXIS 1434

CourtDistrict Court, W.D. New York

DecidedJuly 21, 1927

StatusPublished

Cited by1 cases

This text of 21 F.2d 590 (In re Reinhoudt) is published on Counsel Stack Legal Research, covering District Court, W.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 Reinhoudt, 21 F.2d 590, 1927 U.S. Dist. LEXIS 1434 (W.D.N.Y. 1927).

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Opinion

HAZEL, District Judge.

The complaint avers, among other things, that the defend-, ant defrauded his mother by fraudulently obtaining a conveyance from her to him of certain of her property. In the action tried in the state court before Judge Crosby, the averment was substantially proven, and the court found that the defendant had deceived his mother, who had implicit confidence in him, and had misled her by false representations and promises which caused her to transfer certain properties to him, and defendant was required to turn over to his mother certain moneys and a bond and mortgage, which he has unlawfully refused to do.

The record, in my opinion, discloses a debt which is not dischargeable in bankruptcy, for in its creation the defendant perpetrated a willful and malicious injury to person and property, and his act was within the exception of section IT of the Bankruptcy Act (11 USCA § 35). Accordingly, the bankrupt is not entitled to an injunction restraining plaintiff, in the state court action, from issuing a body execution and arresting the bankrupt.

The temporary restraining order is vacated.

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HAZEL, District Judge.

The complaint avers, among other things, that the defend-, ant defrauded his mother by fraudulently obtaining a conveyance from her to him of certain of her property. In the action tried in the state court before Judge Crosby, the averment was substantially proven, and the court found that the defendant had deceived his mother, who had implicit confidence in him, and had misled her by false representations and promises which caused her to transfer certain properties to him, and defendant was required to turn over to his mother certain moneys and a bond and mortgage, which he has unlawfully refused to do.

The record, in my opinion, discloses a debt which is not dischargeable in bankruptcy, for in its creation the defendant perpetrated a willful and malicious injury to person and property, and his act was within the exception of section IT of the Bankruptcy Act (11 USCA § 35). Accordingly, the bankrupt is not entitled to an injunction restraining plaintiff, in the state court action, from issuing a body execution and arresting the bankrupt.

The temporary restraining order is vacated.

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Bluebook (online)

21 F.2d 590, 1927 U.S. Dist. LEXIS 1434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reinhoudt-nywd-1927.

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