In re Brooke

McPHERSON, District Judge.

I have considered carefully the testimony taken before the learned special referee, and I agree substantially with his findings concerning what took place at the first meeting of creditors. Upon the essential point I think there is no real controversy among the witnesses. They all agree that the creditors did not appoint a trustee at that meeting, but acquiesced in the appointment made by the referee. It seems to me, therefore, that little more need be said. Section 44, Bankr. Act 1898, expressly provides, that, “if the creditors do not appoint a trustee, or…