Finlayson v. Barrows

Citations

• 221 F. 936
• 137 C.C.A. 506
• 1915 U.S. App. LEXIS 1394

Syllabus

<p>Appeal and Error <§==>1011—Review—Questions of Fact.</p> <p>Where, though the testimony was conflicting, there was positive and direct evidence that money advanced by stockholders in a corporation which subsequently became bankrupt was a loan to the corporation, to be repaid with interest, and not merely a voluntary assessment upon the stock for the purpose of relieving the company of financial embarrassment, the finding of a special master that there was a loan of the money, and that the claims against the corporation on account of such loans were entitled to allowance in bankruptcy, was entitled to every reasonable presumption in its favor, and should not be set aside or modified, unless it clearly appeared that there was error or mistake on the part of the special master.</p> <p><gc5>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Kd. Note.—For other eases, see Appeal and Error, Cent. Dig. §§ 39!>5-8989: Dec. Dig. ©=>1011.]</p> <p>Pardee, Circuit Judge, dissenting.</p> <p><§s»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>