In re Hawks
District Court, D. Kansas
In Bankruptcy. In the matter of bankruptcy proceedings of J. M. Hawks. On petition to review a referee’s decision disallowing the claim of the Allen-West Commission Company. The Allen-West Commission Company, referred to hereinafter as the Commission Company, presented its claim against the bankrupt estate, amounting to ¡5254,490.40, after allowing all credits which it claims the bankrupt is entitled to.
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In Bankruptcy. In the matter of bankruptcy proceedings of J. M. Hawks. On petition to review a referee’s decision disallowing the claim of the Allen-West Commission Company. The Allen-West Commission Company, referred to hereinafter as the Commission Company, presented its claim against the bankrupt estate, amounting to ¡5254,490.40, after allowing all credits which it claims the bankrupt is entitled to. It also claimed a lien on certain realty of the bankrupt, which the bankrupt had conveyed by mortgage for the purpose of securing any and all indebtedness due from him to the Commission…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] Counsel for the trustee, in their briefs and oral argument, contended that the findings of the referee, especially in view of the fact that some of the 'testimony was taken in his presence, a considerable part having been taken before another referee, who has since died, should be given the same effect as the verdict of the jury, and, if there is any substantial evidence to sustain his findings, the court should not set them aside. The rule thus stated is too broad. The correct rule is that the findings of fact made by a referee in bankruptcy are…
2Cases cited38 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
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3Cited by17 opinions
- Bird & Sons Sales Corporation v. TobinCourt of Appeals for the Eighth Circuit · 1935
- Kretni Development Co. v. Consolidated Oil Corp.Court of Appeals for the Tenth Circuit · 1934
- Blakeslee v. WallaceCourt of Appeals for the Sixth Circuit · 1930
- Crowder v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1914
- Schlafly v. United StatesCourt of Appeals for the Eighth Circuit · 1925
12 more not listed; retrieve them via the Exa API.