Legal Opinion

In re Benson

District Court, W.D. Pennsylvania

Decided January 18, 1952No. Bankr. No. 21985Published

1Opinion of the Court

GOURLEY, Chief Judge.

The matter before the Court in this bankruptcy proceeding relates to a Petition for Review from the Referee’s Order denying a reclamation demand for household furniture of the bankrupt.

The Court must pass upon the refferee’s findings of fact, adopt or modify them or, if necessary, make findings of its own. Moonblatt v. Kosmin, 3 Cir., 139 F.2d 412.

The findings of a referee in bankruptcy on oral evidence are entitled to great weight. In re Barcia, 2 Cir., 147 F.2d 288; In re Morris et al., 7 Cir., 152 F.2d 178.

It must, therefore, be determined if the referee’s findings of…

2Cases cited11 opinions

  1. Taney v. Penn National Bank of ReadingSupreme Court of the United States · 1914
  2. Tomayko v. CarsonSupreme Court of Pennsylvania · 1951
  3. Taplinger v. Northwestern Nat. BankCourt of Appeals for the Third Circuit · 1938
  4. Moonblatt v. KosminCourt of Appeals for the Third Circuit · 1943
  5. In re KELLETT AIRCRAFT CORP.Court of Appeals for the Third Circuit · 1949

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