Sanchez v. Gestera de Ubarri
Sanchez v. Gestera de Ubarri
Opinion of the Court
delivered the following opinion:
1. TJpon the argument it was confessed that the verification of the' petition was improper, in that it was made by the petitioner before his attorney. Administering an oath is a quasi judicial matter, and the ordinary rule, applies that a person in interest cannot act. Note in 95 Am. Dec. 378; Jarvis-Conklin Mortg. Trust Co. v. Willhoit, 84 Fed. 515. The amended petition, however, has now been verified before another official, and so the point is taken out of the’case.
2. The demurrer as refiled raises the question of proper allegations in a petition in bankruptcy seeking to allege, under the bankruptcy law, the point as to hindering, delaying, or defrauding creditors. Bankruptcy Act 1898, § 3. It is contrary to the spirit of the bankruptcy law to require more detail than the creditors could probably furnish. Be Mero, 12 Am. Bankr. Bep. 171. And it is also true that, if there is an intent to hinder or delay creditors, fraud is unnecessary, although it will frequently coexist. Be Hughes, 183 Fed. 872, 25 Am. Bankr.
The demurrer therefore is overruled. It is so ordered.
Reference
- Full Case Name
- ISIDRO A. SANCHEZ v. MARIA GESTERA DE UBARRI
- Status
- Published