In re Wilde's Sons
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order of the District Court, Southern District of New York, reversing an order of the referee in bankruptcy, and allowing a claim of II. C. Bennett & Co. against the bankrupt’s estate. The opinion of the District Judge is reported in 133 Fed. 562.
1Per curiam
Upon the point of practice raised preliminarily to the main argument, we are clearly of the opinion that, when a District Court is reviewing an order or report of a referee in bankruptcy, under the very broad provisions of Act July 1, 1898, c. 541, § 2 (10), 30 Stat. 546 [U. S. Comp. St. 1901, p. 3421], it may properly consider any point presented by the record then before it, whether such point was or was not discussed before or by the referee. .
We are further of the opinion that the order of the District Court should be affirmed.
2Cited by9 opinions
- In the Matter of Walsh Construction, Inc., Bankrupt. United States of America v. Alaska National Bank of the North and Paul Burlingame, Trustee, in the Matter of Cecilia Ruth Walsh, Gerald Patrick Walsh, D/B/A Beaver Builders, Bankrupts. United States of America v. Alaska National Bank of the North and Paul Burlingame, TrusteeCourt of Appeals for the Ninth Circuit · 1982
- United States v. LutherCourt of Appeals for the Tenth Circuit · 1955
- Rosehedge Corporation v. Millie SterettCourt of Appeals for the Ninth Circuit · 1960
- In re Elmore Cotton MillsDistrict Court, S.D. Alabama · 1914
- In re KellarCourt of Appeals for the First Circuit · 1912
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