239 F. 709 | 3rd Cir. | 1917
This is an appeal from an order of the District Court, dismissing an involuntary petition in bankruptcy against Charles Frank. The facts are as follows:
On November 20, 1915, the petition was filed, chargiag Frank with certain preferential payments, and also with the fraudulent removal of goods. He accepted service of the subpoena, entered an appearance and afterwards filed an answer, in which he denied the preferences and the fraudulent removal, but admitted the other averments in the petition.. He demanded a jury trial, and while this was proceeding, certain facts were-testified to concerning the verification of the petition. The paper is regular on its face, and the oath is certified to by Meyer Sack, notary public, but his statement was shown to be untrue. Sack had apparently been guilty of flagrant misconduct, for the paper had been presented to the petitioners by Daniel Meyers, an employe of one of the petitioners’ attorneys, and none of the petitioners had
In refusing to allow the appellants to take such a contradictory attitude, we cannot say that the court abused its discretion, and accordingly the orders appealed from are affirmed.
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