In re Brown

• Decision Date: 03 December 1901
• Docket Number: 1,060.
• Citation: 112 F. 49
• Parties: In re BROWN.
• Court: U.S. Court of Appeals — Fifth Circuit

112 F. 49

In re BROWN.

No. 1,060.

United States Court of Appeals, Fifth Circuit.

December 3, 1901

Drew Pruit, for petitioners.

In the bankruptcy court opposition was made to the discharge of the bankrupt, with the following affidavits appended thereto:

'I C. S. Battle, vice president and general manager of the Carter Battle Grocer Co., one of the petitioning creditors above named, and duly authorized to make this oath, do solemnly swear that I am informed on reliable information and have good reason to believe, and do believe, that the allegations and statements contained in the foregoing opposition to discharge are true.

'C. S. Battle.

'Sworn to and subscribed before me this the 6th day of April, 1901.

'J. H. Finks, Clerk, (Seal.) 'By J. B. Finks, Deputy.'

'I, R. W. Flournoy, attorney of record for the applicants in the foregoing petition, hereby make oath that on the admissions of the bankrupt, J. Ed. Brown, contained in his testimony now on file with the referee in bankruptcy at Fort Worth, Texas, taken on his examination at a creditors' meeting heretofore held in the matter of his said bankruptcy, and on the statements of witnesses now present before the court, and ready to testify in the matter of the opposition hereinbefore presented, that I have good reason to believe, and do believe, that said Brown, bankrupt, is guilty of the offenses charged in the said above opposition to his discharge, as the specific grounds for said opposition.

R. W. Flournoy.

'Sworn to and subscribed before me this the 6th day of April, 1901.

'J. H. Finks, Clerk, (Seal.) 'By J. B. Finks, Deputy.'

The case is further stated in the following extract from the record:

'In re J. Ed. Brown, Bankrupt. (No. 203.) In Bankruptcy.

'On the opposition of the Waples Platter Grocery Company, the Carter Battle Grocery Company, and the Cooper Grocery Company to the discharge of J. Ed. Brown, bankrupt, and on the motion of trustee of said bankrupt for order to compel him to pay over certain moneys to said trustee, presented to me, Edward R. Meek, judge of the United States district court for the Northern district of Texas, sitting in bankruptcy, for hearing on the 20th day of April, 1901, at Fort Worth, Texas, and on the demurrers of the said bankrupt to said opposition, and said motion of said trustee to the sufficiency in law of said opposition and said motion. I find the following conclusions of fact in relation to said proceedings: (1) That on the 7th day of December, 1900, said J. Ed. Brown was adjudicated by this court, in an involuntary proceeding against him, to be a bankrupt. (2) That on the 8th day of December, 1900, said bankrupt filed his schedule of assets in said bankruptcy, showing, among other assets, cash on hand to the amount of about two hundred ($200.00) dollars, and no more. (3) That said bankrupt made oath to said schedule of assets, declaring the said

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