Burleigh v. Foreman

Citations

• 130 F. 13
• 64 C.C.A. 381
• 1904 U.S. App. LEXIS 4126

Syllabus

<p>1. Bankruptcy — Personal Assets — Appeal—Findings.</p> <p>Where there were no express findings of fact either by the referee or the District Court, on an issue as to whether certain property had in fact been transferred by a partner to the firm, which had been adjudged a bankrupt, the Circuit Court of Appeals, on appeal from a decision that such property was a part of the bankrupt’s assets, was not aided in its consideration of the case by the weight which ordinarily attaches to the findings of courts of first instance.</p> <p>If 1. Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.</p> <p>2. Same — Evidence.</p> <p>In proceedings for the administration of the assets of a bankrupt firm of brokers, evidence reviewed, and held insufficient to authorize a finding that one of the members of such firm transferred to it certain seats in different exchanges of which he was a member.</p> <p>3. Same.</p> <p>Where certain assets, belonging to one of the members of a firm of brokers, which subsequently became bankrupt, were not mentioned in the partnership articles, and such partner’s testimony that such of the assets as were owned prior to January 1, 1899, were his individual property, and were not transferred to the partnership, was undisputed, a finding that such assets belonged to the firm was error.</p>