IN RE ALVINO

No. 303.

111 F.2d 642 (1940)

In re ALVINO.

Circuit Court of Appeals, Second Circuit.

May 6, 1940.


Attorney(s) appearing for the Case

Henry W. Parker, of New York City, for appellant.

Frank Composto, of Brooklyn, N. Y., for appellee.

Before L. HAND, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.


PATTERSON, Circuit Judge.

The bankrupt filed voluntary petition in bankruptcy. Four months later Morris Plan Industrial Bank commenced an action against him in the Municipal Court of the City of New York to recover $238. The complaint was headed, "Action to recover damages for fraud." The complaint set forth succinctly that the defendant borrowed $255 from the plaintiff and represented that his debts then were only $12, that the representation was false and known...

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