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McCARTHY v. ARNDSTEIN

No. 404, October Term, 1922.

266 U.S. 34 (1924)

45 S.Ct. 16

69 L.Ed. 158

McCARTHY, UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF NEW YORK v. ARNDSTEIN.

Supreme Court of United States.

Petition for rehearing granted October 15, 1923; reargued November 27, 1923.

Attorney(s) appearing for the Case

Mr. Selden Bacon for the National Surety Company.

Mr. Solicitor General Beck, Mr. Saul S. Myers and Mr. Walter H. Pollak, Special Assistants to the Attorney General, for appellant; and Mr. Lindley M. Garrison, for the American Surety Company, submitted on the same brief with Mr. Bacon.

Mr. William J. Fallon, for appellee, submitted.

Mr. W. Randolph Montgomery, by leave of court, filed a brief on behalf of the National Association of Credit Men, as amicus curiae.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

In 1920, Arndstein was adjudged an involuntary bankrupt in the Southern District of New York. Pursuant to a subpoena, he appeared before a special commissioner for examination as to his assets under § 21a of the Bankruptcy Act of July 1, 1898, c. 541, 30 Stat. 544, 552, as amended; was sworn as a witness; and freely answered some questions. Others he refused to answer on the ground that to do so might tend...

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