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In re Smith

232 F. 248, 1916 U.S. Dist. LEXIS 1648
CourtDistrict Court, N.D. New York
DecidedApril 24, 1916
StatusPublished
Cited by15 cases

This text of 232 F. 248 (In re Smith) 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 Smith, 232 F. 248, 1916 U.S. Dist. LEXIS 1648 (N.D.N.Y. 1916).

Opinion

RAY, District Judge.

Specification of objection to the discharge of the bankrupt No. IV reads as follows:

“IV. That such application should not be granted because of the following facts, constituting an additional ground which the undersigned charged to be true, namely:
“A. That said bankrupt obtained property consisting of meats and provisions on credit from objecting creditor, Morris & Co., upon a materially false statement in writing made by him to said Morris & Co. for the purpose of obtaining credit from Morris & Co. That said statement in writing was dated August IS, 1914, and executed and signed on that date by said bankrupt, and delivered to Morris & Co. on that date, and in and by such statement said bankrupt falsely and fraudulently for the purpose of obtaining credit from Morris & Co. represented to said Morris & Co. that his merchandise on hand cost five hundred dollars ($500), that he owned accounts all good, amounting to eight hundred dollars ($800), that he had cash on hand in tho First National. Bank of Tally, N. Y., to the amount of one hundred fifty dollars ($150), that he owned real estate of the value of six hundred dollars ($600), that he owed no other debts, aside from four hundred and sixty-one dollars ($461) to Morris & Co., and that he had no liabilities except the debt owed to Morris & Co., amounting to four hundred and sixty-one dollars ($461), and in that said bankrupt represented therein that tho firm conducting said meat market was composed of D. B. Smith’s estate and Benton I>. Smith.
“That said statement was false and known by the bankrupt at the time of the making thereof to be false, in that the merchandise which bankrupt had on hand at that time did not cost to exceed three hundred dollars ($300), in that his outstanding accounts did not amount to eight hundred dollars ($800), in that said bankrupt did not have cash on deposit in the First National Bank of Tully amounting to one hundred and fifty dollars ($150), in that said bankrupt did not own real estate in which his equity was worth the sum of six hundred dollars ($600), and in that said bankrupt had other liabilities and owed other debts than those to Morris & C'o., to wit, Armour & Co., the estate of D, B. Smith, and others, and in that the firm conducting'said market was not composed of D. B. Smith’s estate and Benton D. Smith.
“That said written statement and the representations therein made wore made by said bankrupt to objecting creditor, Mlorris & Co., for the punióse of obtaining credit from Morris & Co., and that Morris & Co. relied upon said statement and the representations therein made, and sold and delivered to said bankrupt thereafter merchandise consisting of meats and provisions of the value of one thousand dollars and upwards, upon which account there remains unpaid tho sum of five hundred and four dollars ($504).”

On or about the 18th day of August, 1914, the now bankrupt filled out, signed, and delivered to the objecting creditor, Morris & Co., a written statement as to his resources and liabilities, of which the following is a copy:

[250]*250“Aug. 18, 1914.
“Messrs. Morris & Company, Syracuse, N. Y. — Gentlemen: For the purpose of obtaining credit with, you for merchandise which I (we) may now or hereafter purchase of you, and for the purpose of securing an extension of time for the payment of purchases heretofore made, I (we) make the following true and complete statement of my (our) resources and liabilities:
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Bluebook (online)
232 F. 248, 1916 U.S. Dist. LEXIS 1648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-smith-nynd-1916.