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161 F. 589

In re Delmour

New York Southern District Court

Decided April 14, 1908.)

New York Southern District Court · decided 1908-04-14

<p>In Bankruptcy. Motion to confirm report of special master denying bankrupt’s discharge.</p>

2 counsel of record

Relies on In re Leslie

Good law ✅— No negative treatment on recordhow we know

Decided 1908-04-14

How this case has been cited

Cited by 4 later decisions — most recently May 1931

1 federal appellate · 3 district ·

201908191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1(District. Court, S. D. New York.

¶2Bankruptcy — Conceaiywent of Assists — Discharge Denied.

¶3On specifications of objection to bankrupt’s petition for discharge, it is not necessary to establish concealment of assets beyond a reasonable doubt. A fair preponderance of credible testimony is sufficient.

¶4[Ed. Note. — For cases in point, see Cent. Dig. vol. 6, Bankruptcy, § 722.]

¶5(Syllabus by the Court.)

¶6In Bankruptcy. Motion to confirm report of special master denying bankrupt’s discharge.

¶7Mark G. Holstein, for objecting creditors.

¶8Myers & Goldsmith, for bankrupt.

¶9HOUGH, District Judge.

¶10With the cases holding, or seeming to hold, that anything more than a fair preponderance of creditable testimony is necessary to require the court to deny a discharge, I do not agree. In my judgment the law is properly stated in Re Leslie, 9 Am. Bankr. Rep. 561, 119 Fed. 406, viz., that it is not necessary to *590establish concealment of assets beyond a reasonable doubt, but by a fair preponderance of creditable testimon3r only. Viewed in this light, the referee’s report is entirely satisfactory. The testimony against the bankrupt was clear and direct. It may be admitted that it came from interested witnesses; but there are no more interested witnesses than the bankrupt and his wife. Their testimony in opposition is both shuffling and evasive, and that of the bankrupt can even from the printed page be seen to have been contemptuous.

¶11The report is confirmed, and discharge denied.

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