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IN RE STEINBERG

No. 313.

143 F.2d 942 (1944)

In re STEINBERG.

Circuit Court of Appeals, Second Circuit.

May 19, 1944.

Attorney(s) appearing for the Case

Louis Engelberg, of New York City, for bankrupt-appellant.

Henry W. Parker, of New York City (Martin B. Nadle, of New York City, on the brief), for objecting creditor-appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The referee's finding that the bankrupt "knowingly" made a false oath binds us, for the referee saw and heard the bankrupt testify and we cannot, therefore, go behind his conclusions as to credibility. The only question is whether the oath was "fraudulently made." We would be inclined to say no, if this were a case of first impression; as the bankrupt had no assets, the omission of the claims of his relatives could not have been designed to prefer...

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