Howard E. Rogers, Doing Business as Howard E. Rogers Co. v. George Gardner, Trustee in Bankruptcy of the Estate of Howard E. Rogers, Etc.

Appellant appeals from an Order of the lower court affirming an Order of the Referee in Bankruptcy denying appellant discharge in bankruptcy. Before the filing against appellant of an involuntary petition in bankruptcy the appellant was engaged in the produce business. For the benefit of firms in the produce business Produce Reporter Co. publishes credit information; this data is furnished annually in the form of a bound volume called the “Blue Book”; it is kept up to date by the issuance of weekly credit sheets to subscribers. All credit information received on firms is published in the Blue Book and its supplements in code symbols, each volume or supplement containing the key to this code. The Blue Book published in April, 1952, showed appellant to have a net worth of $25,000. On or about September 15, 1952, appellant sent a financial statement to Produce Reporter Co. showing a net worth of approximately $57,-000 as of July 31, 1952. This net worth was a falsehood; in fact, the appellant was insolvent at the time.

Contrary to the customary practice Produce Reporter did not publish the report or revise its rating in its code system in the supplement immediately following receipt…