Siegel

Siegel v. His Creditors

Good Law
1892 Cal. LEXIS 837·95 Cal. 409·30 P. 559
Supreme Court of CaliforniaJuly 23, 1892No. 14861California1,409 words

Opinion

Lead Opinion

Belcher, J.

The respondent filed his petition in insolvency on the twenty-first" day of May, 1890, and- was thereupon adjudged to be an insolvent debtor. In due time he.applied to the court for a discharge from his debts, and two of his creditors, Walter M. Patrick and Jacoby Brothers, opposed the discharge. The specifications of the grounds of opposition, so far as they need be stated, were, that the respondent had been guilty of fraud, contrary to the true intent of the Insolvent Act, in that on the 5th of April, 1890, he, by false and fraudulent representations as to his financial standing, induced Patrick Brothers, the assignors of said Walter M. Patrick, to sell him certain goods, of the value of ninety-five dollars, on a four-months credit, which had not expired when he filed his petition in insolvency, and that he knew said representations to be false, and made them with the intent to deceive and defraud said Patrick Brothers; and also that respondent, for eighteen months prior to the filing of his petition in insolvency, was a retail dealer in boots and shoes, and did not during that time keep proper books of account.

After trial, the court found, upon the issues raised by the…

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