Opinion

In re Stark

  • 96 F. 88
  • 1899 U.S. Dist. LEXIS 312
Court
District Court, S.D. New York
Filed
Mar 18, 1899
Status
Published
Author
Brown
On the bench
Brown
Cited by
2 cases
Authority
More cited than 74.0%

The opinion

BROWN, District Judge.

It is not necessary to consider here ■whether the words “in contemplation of bankruptcy” in section 14, cl. 2, of the act of 1898, are broader in their signification than under prior acts (Buckingham v. McLean, 13 How. 167 ; In re Craft, 6 Blatchf. 178 , Fed. Cas. No. 3,317; In re Goldschmidt, 3 Ben. 379 , Fed. Cas. No. 5,520; In re Freeman, 4 Ben. 245 , Fed. Cas. No. 5,082) or not; for I am of opinion that (he evidence is not sufficient to warrant the finding that the loss or disappearance of the books of account in this case in 1891 was with any “fraudulent intent of the bankrupt to conceal his true financial condition” or with any other fraudulent intent. I do not see any sufficient reason for such an implication or inference. His acts done at that time were lawful. There would be no apparent motive for such concealment and it is denied.

Discharge granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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