In re Franklin Suit & Skirt Co.
District Court, E.D. Pennsylvania
In the matter of Israel Podolin, Louis Brod, and Benjamin Dein, individually and as partners trading as the Franklin Suit & Skirt Company, alleged bankrupts. On report of special referee. Report confirmed, and order made requiring S. Rudsky, S. Silversteín, and H. Cupersmith to turn over property to receiver.
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In the matter of Israel Podolin, Louis Brod, and Benjamin Dein, individually and as partners trading as the Franklin Suit & Skirt Company, alleged bankrupts. On report of special referee. Report confirmed, and order made requiring S. Rudsky, S. Silversteín, and H. Cupersmith to turn over property to receiver. The following is the referee’s report mentioned in the opinion: ■ The special referee to whom by orders dated November 8, 1911, and May 7, 1912, the above matter was referred, to ascertain and report the facts, with the testimony, his findings and recommendations thereon, respectfully…
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
[ 1 ] The preliminary question .to be determined is whether Skubinsky v. Bodek (C. C. A. 3d Circuit) 172 Fed. 332, 97 C. C. A. 116, 24 L. R. A. (N. S.) 985, 19 Ann. Cas. 1035, forbade the District Court to make the particular inquiry that has just been completed. There were two inquiries, and these must be distinguished. The first, which was unlike the second, began on October 23, 191E An-involuntary petition had been filed a few days before, and a receiver had been appointed. On October 23d he asked for, and obtained, the appointment of a special referee under…
2Cases cited2 opinions
- Whitney v. WenmanSupreme Court of the United States · 1905
- Skubinsky v. BodekCourt of Appeals for the Third Circuit · 1909
3Cited by4 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- In re VallozzaDistrict Court, D. New Jersey · 1915
- Le Master v. SpencerCourt of Appeals for the Eighth Circuit · 1913
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940