In re Literary Digest, Inc.

I have grave fear lest we are misreading the debtor’s letter of May 12, 1938, which was agreed to by the claimant; and hence I feel that the court below exercised wise discretion in returning the matter for the taking of further testimony. The referee did not pass directly upon the meaning of this letter, nor did the District Court, except to call for further exploration of its purpose and effect, as well as of the amount of subscriptions involved (some of this group were later accepted by Time) and hence of claimant’s damage. Particularly do I feel the need of such exploration because I read…