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209 F. 144

Docket No. 7,559.

In re Walker

California Northern District Court

Decided September 22, 1913.)

California Northern District Court · decided 1913-09-22

<p>In the matter of John J. Walker, bankrupt. On demurrer to amended specifications of objection to discharge.</p>

2 counsel of record

Demurrer sustained · Decided 1913-09-22

¶1Bankruptcy (§ 413*)—Discharge—Sufficiency of Objections.

¶2Amended specifications of objection to tbe discharge of a bankrupt held insufficient, and a demurrer thereto .sustained without leave to amend.

¶3[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 712-718, 725, 727; Dee. Dig. § 413.*]

¶4In the matter of John J. Walker, bankrupt. On demurrer to amended specifications of objection to discharge.

¶5Demurrer sustained.

¶6Chas. F. Craig and J. Early Craig, both of San Francisco, Cal., for bankrupt.

¶7Olin D. Berry, of San Francisco, Cal., for opposing creditors.

¶9DOOLING, District Judge.

¶10The bankrupt having petitioned for his discharge, the Royal Investment Company has filed its objections to such discharge, to the specifications wherein the bankrupt demurs, the demurrer to a previous objection having been sustained. The court is inclined to the belief that this opposition is based more upon the character of the business conducted by the opponent than upon the false representations of the bankrupt. The schedule shows that the notes of opponent bear interest at 10 per cent, per month. In such case the court will not go out of its way to assist opponent in keeping alive such a usurious contract.

¶11The specifications herein are insufficient, and, as opponent has already been allowed once to amend, the demurrer thereto will be sustained, without leave to amend.

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