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IN RE ERNST

No. 63.

107 F.2d 760 (1939)

In re ERNST.

Circuit Court of Appeals, Second Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Goddard & Leighton, of New York City (David Q. Cohen, of New York City, of counsel and on the brief), for appellant.

Duberstein & Schwartz, of Brooklyn, N. Y. (Max Schwartz and Samuel C. Duberstein, both of Brooklyn, N. Y., on the brief), for bankrupt-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellant is a creditor who filed specifications of objection to the granting of an application made by the bankrupt for a discharge.

The specifications alleged, and the evidence in support proved, that the bankrupt in May, 1938, made a materially false statement in writing showing his financial condition to the National City Bank in New York for the purpose of obtaining money on credit. He did this in a co-maker's application to...

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