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261 F. 177

Docket No. 3378.

Goerner v. Eastman

Fifth Circuit Court of Appeals

Decided November 22, 1919.)

Fifth Circuit Court of Appeals · decided 1919-11-22

<p>Bankruptcy <§=5414(3) — Evidence justifying refusal of discharge.</p> <p>An order denying bankrupt’s applicatiou for discharge held supported by the evidence.</p> <p>oilier eases seo sanio topic & KEY-NUMBJ3R in all Key-Numbered Digests & Indexes</p>

2 counsel of record

Affirmed · Opinion by Richard Wilde Walker · Decided 1919-11-22

¶1Bankruptcy <§=5414(3) — Evidence justifying refusal of discharge.

¶2An order denying bankrupt’s applicatiou for discharge held supported by the evidence.

¶3oilier eases seo sanio topic & KEY-NUMBJ3R in all Key-Numbered Digests & Indexes

¶4Appeal from the District Court of the United States for the Western District of Texas; William R. Smith, Judge.

¶5In the matter of George F. Gocrner, bankrupt. The bankrupt appeals from an order refusing discharge on objections of Herbert C. Eastman, a creditor.

¶6Affirmed.

¶7John E. Weeks, of El Paso, Tex. (John F. Weeks and Chas. Owen, both of El Paso, Tex., on the brief), for appellant.

¶8John L. Dyer, of El Paso, Tex., for appellee.

¶9Before WALKER, Circuit Judge, and FOSTER and GRUBB, District J udges.

¶10WALKER, Circuit Judge.

¶11This is an appeal from an order confirming a recommendation of the referee that the appellant bankrupt’s application for a discharge be denied. The referee’s recommendation was a result of a finding that the bankrupt obtained money upon a materially false statement in writing made by him to the appellee, a cred*178itor who appeared and filed specifications of objections to the discharge applied for.

¶12The finding of the referee was supported by testimony of the bankrupt himself given at the first meeting of his creditors. The only basis for the contention that the finding was unsupported by evidence is the circumstance that testimony of the bankrupt on the hearing of the objections to his discharge was in conflict with his previously made admissions. The evidence was such'that it fully justified the finding of the referee, and the action of the court in confirming it and denying the application for discharge. The record does not show the commission of any error.

¶13The order or judgment appealed from is affirmed.

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