Legal Opinion

Bray v. Johnson

Court of Appeals for the Fourth Circuit

Decided November 5, 1908No. Nos. 766, 783PublishedCited by 10 opinions

Petition to Superintend.and Revise, and Appeal from, the District Court of the United States for the Northern District of West Virginia, at Parkersburg. In the month of February, 1904, the Evansville Contract Company was duly adjudged a bankrupt, and the cause referred to George W. Johnson, referee.

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Petition to Superintend.and Revise, and Appeal from, the District Court of the United States for the Northern District of West Virginia, at Parkersburg. In the month of February, 1904, the Evansville Contract Company was duly adjudged a bankrupt, and the cause referred to George W. Johnson, referee. The bankrupt company at the time of its failure was engaged in the execution of certain large contracts with the United States government for the building of dams on Congaree river, S. C., two dams in the Ohio river, Nos. 2 and 3, at or near Pittsburg, Pa., and lock No. 18 on said river, a short…

1Opinion of the Court

WADDIFH,, District judge

(after stating the facts as above). The precise questions presented for consideration are what compensation, if ail}', the referee is entitled to receive upon funds handled through the bankrupt’s trustees in conducting the business ordered to be continued by the referee, and what effect should be given to a decree of the court entered making an allowance on account of such compensation to the appellee, and from which no appeal was taken.

The first question is one that would seem to be determined by the plain letter of the bankruptcy act, and the rules prescribed by the…

2Cases cited2 opinions

  1. Dressel v. North State Lumber Co.District Court, E.D. North Carolina · 1902
  2. The Emma C. KnowlesDistrict Court, E.D. Pennsylvania · 1902

3Cited by10 opinions

  1. In Re Owl Drug Co.District Court, D. Nevada · 1936
  2. Kinkead v. J. Bacon & SonsCourt of Appeals for the Sixth Circuit · 1916
  3. Varney v. HarlowCourt of Appeals for the Fourth Circuit · 1913
  4. Second Nat. Bank of Parkersburg v. United States Fidelity & Guaranty Co.Court of Appeals for the Fourth Circuit · 1920
  5. McMillan v. United States Fidelity & Guaranty Co.Court of Appeals for the Eighth Circuit · 1927

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