In re Matthews
Decision Date | 04 January 1921 |
Docket Number | 2827. |
Parties | In re MATTHEWS. v. MATTHEWS. BANK OF COMMERCE & SAVINGS |
Court | U.S. Court of Appeals — Seventh Circuit |
Rehearing Denied March 30, 1921.
Charles R. Brown, of Chicago, Ill., for appellant.
George H. Grear, of Chicago, Ill., and A. B. Dennis, of Danville Ill., for appellee.
Before BAKER, ALSCHULER, and EVANS, Circuit Judges.
Was the bankrupt, Matthews, entitled to an adjudication discharging him from his debts? This is the second time this question has been presented to this court. In the former opinion (257 F 292, 168 C.C.A. 376) the cause was remanded with directions--
'either to remit the matter again to the master for further report and findings on the evidence taken heretofore, together with such additional evidence as he may deem it proper to permit either party to present, or to take testimony in the District Court upon the question of the bankrupt's knowledge and intent.'
Pursuant to these directions, the issue was referred to the same master, who, without taking additional testimony, found adversely to the bankrupt. Upon review, the District Court heard oral evidence and made the following finding:
The discharge was thereupon granted.
From our examination of the evidence, we are unable to say this finding was erroneous. That a false property statement was made is conceded. But bankrupt says that he neither read the statement nor knew its contents. As an excuse for this negligent action, he says he was dealing with one who knew the state of his affairs fully as well as, or even better than, he knew them. His friend and business adviser, the cashier of...
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Kowalsky v. American Employers Ins. Co.
...75, 77 (C.C.A.3); Baker v. Bishop-Babcock-Becker Co., 220 F.657 (C.C.A.4); Bank of Commerce v. Matthews, 257 F.292 (C.C.A.7); Id. (C. C.A.) 272 F. 263; In re Croonborg, 268 F. 352 (C.C.A.7); In re Wheeler, 165 F. 188 The foregoing cases show accord in the circuits with the views of this cou......
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In re de Glopper
...165 F. 607, 20 L.R.A.,N.S., 1023; Franklin v. Monning Dry Goods Co., 5 Cir., 217 F. 929; In re Rosenfeld, 2 Cir., 262 F. 876; In re Matthews, 7 Cir., 272 F. 263; Farmers' Savings Bank v. Allen, 8 Cir., 41 F.2d 208. * * "That statement on its face was incomplete, in that it did not state in ......
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In re Slocum, 30.
... ... Ohio Valley Bank v. Mack, 163 F. 155, 158, 24 L. R. A. (N. S.) 184 (C. C. A. 6); Baker v. Bishop-Babcock-Becker Co., 220 F. 657, 658 (C. C. A. 4); Bank of Commerce v. Matthews, 257 F. 292, 294 (C. C. A. 7); Id., 272 F. 263; Walter v. Atha, 262 F. 75, 77 (C. C. A. 3); In re Wheeler, 165 F. 188 (C. C. A. 7); In re Croonborg, 268 F. 352 (C. C. A. 7); In re Hodge, 205 F. 824 (D. C. N. D. N. Y.); In re Stafford, 226 F. 127 (D. C. Conn.). From the printed record we cannot say ... ...
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In re Smith
...v. First Nat. Bank (C. C. A. 4th) 231 F. 649; Aller-Wilmes Jewelry Co. v. Osborn (C. C. A. 8th) 231 F. 907; Bank of Commerce & Savings v. Matthews (C. C. A. 7th) 272 F. 263; In re Rosenfeld (C. C. A. 2d) 262 F. 876; In re Hatfield (D. C.) 18 F.(2d) 337; Farmers' Saving Bank v. Allen (C. C. ......