Carroll v. Stern
Court of Appeals for the Sixth Circuit
Appeal from tlie District Court of the United S'tates for the Western Division of the Southern District of Ohio, in Bankruptcy; John E. Safer, Judge. Petition by Leopold Stern and another, partners doing business as Stern Bros. & Co., against Robert De V. Carroll, trustee in bankruptcy of the Herman Keck Manufacturing Company, for the allowance of a claim. From an order confirming the findings of the referee and directing the trustee to pay the claim, the trustee appeals.
Read the full summary
Appeal from tlie District Court of the United S'tates for the Western Division of the Southern District of Ohio, in Bankruptcy; John E. Safer, Judge. Petition by Leopold Stern and another, partners doing business as Stern Bros. & Co., against Robert De V. Carroll, trustee in bankruptcy of the Herman Keck Manufacturing Company, for the allowance of a claim. From an order confirming the findings of the referee and directing the trustee to pay the claim, the trustee appeals. The Keck Company, an- Ohio corporation, was adjudged an involuntary bankrupt. The Duhme Company was also an Ohio…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] Under our settled practice not to set aside the concurrent fact findings *725of the referee and the District Judge, except in a clear case (Wabash Ry. v. Compton, 172 Fed. 17, 21, 96 C. C. A. 603; Naylon & Co. v. Christiansen, 158 Fed. 290, 292, 85 C. C. A. 522; Constam v. Haley, 206 Fed. 260, 261, 124 C. C. A. 128), this order could not be reversed, .unless we were thoroughly satisfied that the credit was given solely to the Keck Company; yet we are not inclined to dispose of the case under this rule, because we think the controversy should be decided upon…
2Cases cited5 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Wabash Ry. Co. v. ComptonCourt of Appeals for the Sixth Circuit · 1909
- Constam v. HaleyCourt of Appeals for the Sixth Circuit · 1913
- John Naylon & Co. v. Christiansen Harness Mfg. Co.Court of Appeals for the Sixth Circuit · 1908
3Cited by6 opinions
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Court of Appeals for the Second Circuit · 1926
- United States v. Clyde S. S. Co.Court of Appeals for the Second Circuit · 1929
- Standard Planing Mill v. Pacific Coast Paper Co.Court of Appeals for the Ninth Circuit · 1932
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
1 more not listed; retrieve them via the Exa API.