Gold v. South Side Trust Co.

Citations

• 179 F. 210
• 102 C.C.A. 476
• 1910 U.S. App. LEXIS 4627

Syllabus

<p>1. Bankruptcy (§ 467*) — Appeal—Review—Discretionary Rulings.</p> <p>A ruling, concurred in by both referee and District Judge in an administrative matter in bankruptcy, wbicb is discretionary, will not be reversed by the appellate court, unless unmistakably wrong.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 467.*</p> <p>Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.)</p> <p>2. Bankruptcy (§ 467*) — Sale oe Property — Payment op Broker’s Commission — Discretion op Court.</p> <p>The action of a District Court, affirming that of a referee, in refusing to allow a commission to a broker for negotiating a sale of property of a bankrupt, will not be reversed on appeal, where there was no contract by the trustee to pay for the service, but, on the contrary, the trustee refused to make a contract, and told the broker that, if he desired a commission, he would have to present a petition to the referee or the court, which he did not do prior to the sale.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 467.*]</p> <p>Archbald, District Judge, dissenting.</p>