In re Williams

E.D. Pennsylvania

In re Williams

13 F. 30, 1882 U.S. Dist. LEXIS 154

CourtDistrict Court, E.D. Pennsylvania

DecidedJune 27, 1882

StatusPublished

Cited by1 cases

This text of 13 F. 30 (In re Williams) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Williams, 13 F. 30, 1882 U.S. Dist. LEXIS 154 (E.D. Pa. 1882).

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Opinion

Botler, D. J.

Looking at this case with a desire to relieve the bankrupts, if it be done consistently with justice to others, I find myself compelled to sustain the register’s report against them. Very great liberality has been exercised by the courts in construing and applying the statutory provision requiring merchants and tradesmen to “keep proper books of account,”—so great in some instances as almost to nullify the law. There is no hardship in enforcing this provision. Its purpose is to require dealers to keep such accounts as will exhibit their business and standing not only to themselves, but also to their creditors, before and after failure. This is not [32]*32much to require of a man who asks to be discharged from his debts without paying them. In this instance the bankrupts have not observed the requirement. Their books fail to show their business in an important particular, and to a large extent. We are therefore compelled to dismiss their exceptions to the register’s report, and refuse their application for a discharge.

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Botler, D. J.

Looking at this case with a desire to relieve the bankrupts, if it be done consistently with justice to others, I find myself compelled to sustain the register’s report against them. Very great liberality has been exercised by the courts in construing and applying the statutory provision requiring merchants and tradesmen to “keep proper books of account,”—so great in some instances as almost to nullify the law. There is no hardship in enforcing this provision. Its purpose is to require dealers to keep such accounts as will exhibit their business and standing not only to themselves, but also to their creditors, before and after failure. This is not [32]*32much to require of a man who asks to be discharged from his debts without paying them. In this instance the bankrupts have not observed the requirement. Their books fail to show their business in an important particular, and to a large extent. We are therefore compelled to dismiss their exceptions to the register’s report, and refuse their application for a discharge.

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13 F. 30, 1882 U.S. Dist. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-williams-paed-1882.

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