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Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929)
Morimura, Arai & Co. v. Taback No. 18 Argued October 9, 1928 Decided February 18, 1929 279 U.S. 24
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Under § 14b of the Bankruptcy Act, as amended by § 6 of the Act of June 25, 1910, bankrupts who have obtained goods on credit upon a written statement that was materially and grossly incorrect are not entitled to discharges if they made the statement to the vendor, or acquiesced in its making, for the purpose of obtaining the credit, with actual knowledge that it was incorrect, or with reckless indifference to the actual facts and with no reasonable ground to believe that it was correct. Pp. 25, 33.
2. In the absence of concurrent findings by the two lower courts upon any of the material issues relating to such a written statement, this Court examined the evidence at length for the purpose of determining the essential facts. P. 27.
3. The rule attaching special weight to findings of a master is inapplicable to a finding which does not depend upon the weighing of conflicting testimony and credibility of witnesses. P. 33.
21. F.2d 161 reversed.
Certiorari, 275 U.S. 520, to a judgment of the Circuit court of appeals reversing an order of the district court which sustained objections to a report of a special master, recommending that the present respondents be discharged in bankruptcy, and denied the discharge.
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Chicago: U.S. Supreme Court, "Syllabus," Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929) in 279 U.S. 24 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=PU3NS2946YWFNZW.
MLA: U.S. Supreme Court. "Syllabus." Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929), in 279 U.S. 24, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PU3NS2946YWFNZW.
Harvard: U.S. Supreme Court, 'Syllabus' in Morimura, Arai & Co. v. Taback, 279 U.S. 24 (1929). cited in 1929, 279 U.S. 24. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=PU3NS2946YWFNZW.
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