IN RE ROITINSON
mortgages executed oo chattels in Arkansas, But it anriot be. said
with reason that the Legislature, when providing the forms of ac-
knowledgment to deeds for real estate, had in mind real estate outside
the boundaries of that state; hence it would seem to follow that, in
providing that chattel mortgages must be acknowledged according to
the requirements for deeds to real estate, they likewise must have had
in mind only chattels situated in that state when the mortgage was
executed and the lien created, and did not intend to prescribe a form
for or require reacknowledgment of chattel mortgages properly execut-
ed on property in a foreign state and there registered, as in this case.
There are other questions raised which have been considered, but,
since they seem to be without merit, it is not deemed necessary to
An order will be entered, affirming the order of the referee, with
costs, and re-referring the case for further proceeding.
In re ROBINSON.
(District Court, D. Massachusetts. February 7, 1919.)
BANKRUPTCY 4=O407(5)-RIGIIT TO DISCHARGE--OBTAINING PROPERTY BY
FALSE STATIMENT-"MATERIAL FALSE STATEMENT IN WRrrITI"-WoRTH-
A bankrupt, who obtains property by means of a check which he
knows to be worthless, obtains it upon a "materially false statement in
writing," within the mennlg of Bankruptcy Act, 5 14b (3), as amended
by Act Feb. 5, 1903, c. 487, 5 4 (Comp. St. 9598), which defeats his right
to a discharge.
[Ed. Note.-For oller definitions, see Words and Phrases, Second
Series, Materially False Statement ]
In Bankruptcy. In the matter of Harry E. Robinson, bankrupt.
On petition for discharge. Granted.
Thomas P. McKenna, of New York City, and Percy A. Atherton,
of Boston, Mass., for objecting creditor.
Alvah L. Stinson, of Boston, Mass., for bankrupt.
MORTON, District Judge. The specifications of objection based
on alleged false oaths by the bankrupt to the schedules, on his failure
to keep books of account, and on the destruction by him after adju-
dication of his paid checks returned to him by the bank, involve an
element of knowledge or intent by the bankrupt, which in each in-
stance the learned referee finds not to have existed. On questions
of this sort, the appearance of the bankrupt and the general atmos-
phere of the case are of much assistance in arriving at the truth;
and the referee's conclusions accordingly carry great weight. In the
present case he seems to have been clearly right as to the alleged false
oaths; his findings that the failure to keep books, and the destruc-
4:::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
. The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919.. Saint Paul, Minnesota. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc38827/. Accessed April 23, 2014.