Legal Opinion

Horton v. Mendelsohn

Court of Appeals for the Third Circuit

Decided April 3, 1918No. 2315PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Middle District of Pennsylvania; Chas. B. Witmer, Judge. In the matter of the Bankruptcy of Moses Mendelsohn and Samuel Mendelsohn, as individuals and copartners trading as Mendelsohn Bros.

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Appeal from the District Court of the United States for the Middle District of Pennsylvania; Chas. B. Witmer, Judge. In the matter of the Bankruptcy of Moses Mendelsohn and Samuel Mendelsohn, as individuals and copartners trading as Mendelsohn Bros. A rule issued, on petition of Charles H. Horton, trustee, requiring the bankrupts to show cause why they should not be attached for contempt for failure to comply .with an order directing them to turn over to their trustee funds found to have been concealed, was discharged, and the trustee appeals.

1Opinion of the Court

WOOLLEY, Circuit Judge.

On petition charging the bankrupts with concealing from the trustee property belonging to the bankrupt estate, the referee, after hearing, found that the bankrupts had retained and concealed $2,168.21, and, accordingly, entered an order directing them to turn over that sum to the trustee. Upon their failure to comply with the order, the trustee obtained a rule on the bankrupts to show cause why they should not be attached for contempt. The court, after hearing, discharged the rule. The trustee appealed.

The questions raised on appeal are in the main questions of fact as…

2Cases cited5 opinions

  1. Matter of LovingSupreme Court of the United States · 1912
  2. Epstein v. SteinfeldCourt of Appeals for the Third Circuit · 1914
  3. In re EpsteinDistrict Court, E.D. Pennsylvania · 1913
  4. In re MuellerCourt of Appeals for the Sixth Circuit · 1905
  5. Kirsner v. TaliaferroCourt of Appeals for the Fourth Circuit · 1912

3Cited by3 opinions

  1. United States ex rel. Paleais v. MooreCourt of Appeals for the Second Circuit · 1923
  2. Henkin v. FousekCourt of Appeals for the Eighth Circuit · 1920
  3. Houk Mfg. Co. v. Cowen Co.Court of Appeals for the Second Circuit · 1920

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