In re F. & D. Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the E. & D. Company, bankrupt. On petition by Marshall S. Hagar to revise an order (237 Fed. 895), reversing an order of the referee appointing him as trustee.
1Opinion of the Court
WARD, Circuit Judge.
At the first meeting five creditors, whose claims aggregated some $32,000, voted for Marshall S. Hagar as trustee, while seven creditors, whose claims aggregated some $1,600, voted for Jacob J. Lesser. No candidate having a majority in number and amount of claims voted, there was no election, and the referee appointed Hagar trustee, who thereafter filed a bond and entered upon the administration of the estate. Subsequently a creditor filed in the office of the referee a petition to review his order appointing Hagar, and, the same having come on for hearing, the District…
2Cases cited3 opinions
- In re Rosenfeld-Goldman Co.District Court, D. Massachusetts · 1915
- In re RichardsDistrict Court, N.D. New York · 1900
- In re RothlederDistrict Court, S.D. New York · 1916