Marrett v. Atterbury
Marrett v. Atterbury
Opinion of the Court
I find the following facts:
1. That Atterbury, the father, advanced to his son, the partner of Baker, the sum of $10,000, which was not intended as a loan to the partnership, but as an advance to the son by the father, which was no just claim against the' insolvent partnership.
2. I find that said Atterbury, the father, also loaned the partnership the further sum of $9,155.25, which was intended by both the father and the members of the partnership as a loan of money to the firm, and which, but for the next finding of fact, would now be a valid claim against the assets of the bankrupt firm in the hands of the assignee.
3. I fipdthattheappellee, EdwardJ.C.Atter-bury, the father, with full knowledge that the sum of $10,000 aforesaid was an advance to his son, and well knowing that he had induced some of the creditors of the firm to extend credit by his statement that this $10,-000 was such an advance, and was not claimed by him as a debt against the firm, did, nevertheless, claim that sum and the $9,155.-25, also, in all the sum of $19,155.25, against the estate of the bankrupts, and did file that claim with the assignee, and did support that claim by a false oath, and did, in support of it. in this suit falsely swear that it was not an advance to his son, but was a just claim against the assets of the firm in the hands of the assignee.
Conclusion of law: And I am of opinion
The result is that the decree of the district court is reversed, and a decree entered here disallowing said Atterbury’s claim as a creditor, and dismissing his claim with costs. Let a decree be entered accordingly.
Decree accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.