Supreme Judicial Court of Maine, 1897

Huston v. Goudy

Huston v. Goudy
Supreme Judicial Court of Maine · Decided April 1, 1897 · Emery, Haskell, House, Peters, Walton, White, Wiswell
90 Me. 128; 37 A. 881; 1897 Me. LEXIS 51

Huston v. Goudy

Opinion of the Court

Walton, J.

Appeal from the court of insolvency.

The question is whether the insolvent debtor is entitled to a discharge. We are forced to the conclusion that he is not. A jury has found that he was guilty of a fraudulent preference, and a careful examination of the evidence fails to satisfy us that the verdict was wrong. This alone is sufficient to defeat his right to a discharge.

But there is another ground equally fatal to his right to a discharge. There is no doubt that he was a trader within the meaning of the law. He bought and sold lumber; he bought clay and made and sold bricks; and he received'and sold mowing machines for a commission. And yet he kept no proper books of account. ■ We can not doubt that the decree in the court below refusing his discharge was ■ correct, and must be affirmed. Groves v. Kilgore, 72 Maine, 489 ; In re Tolman, 83 Maine, 553; In re Patten, 85 Maine, 154,

Decree in court below affirmed,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.