In re Pierce, Butler & Pierce Mfg. Co.
Court of Appeals for the Second Circuit
Petition to Revise an Order of the District Court of the United States for the Northern District of New York. In the matter of the bankruptcy of the Pierce, Butler & Pierce Manufacturing Company. Petition by the Chicago Tribune for payment for printing notice of sale, contested by the trustee.
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Petition to Revise an Order of the District Court of the United States for the Northern District of New York. In the matter of the bankruptcy of the Pierce, Butler & Pierce Manufacturing Company. Petition by the Chicago Tribune for payment for printing notice of sale, contested by the trustee. On exceptions, the report of the master was disapproved, and compensation in a less amount than claimed allowed (231 Fed. 312), and the Chicago Tribune petitions to revise the order.- Tlio bankrupt company owned realty in several states, and, when its trustee sold the same, the order of sale directed…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] As orders in bankruptcy such as this are subject to our revision only in respect of law, it is necessary to ascertain with precision the facts as found in the court below.
*816[2, 3] The special master stated the good faith of the petitioner as a conclusion of law, instead of making it a finding of fact; his report in its form, and separate headings of fact findings and legal conclusions, follows the usual practice of this state. -This method of statement cannot change the inherent nature of what is found, and we therefore inquire whether the good faith of…
2Cases cited4 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Konitzky v. . MeyerNew York Court of Appeals · 1872
- Lovejoy v. MichelsMichigan Supreme Court · 1891
- Barr v. Chicago, St. Louis & Pittsburgh RailroadIndiana Court of Appeals · 1894
3Cited by4 opinions
- Burns v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Gate City Clay Co. v. DickeyCourt of Appeals for the Eighth Circuit · 1930
- Andujar v. HaniCourt of Appeals for the Second Circuit · 1921
- Thornton v. GaultDistrict Court, E.D. Kentucky · 1937