Hitner v. Diamond State Steel Co.

Citations

• 207 F. 616
• 1913 U.S. Dist. LEXIS 1332

Syllabus

<p>1. Equity (§ 409*)—Report of Master—Effect Given to Findings.</p> <p>Where an equity suit is referred to a master to make findings by consent of the parties, his findings, so far as they involve questions of fact, if supported by any competent evidence, are conclusive on the parties. Where the reference is by the court, and not by consent, the same rule does not apply; but in such ease the findings are presumptively correct, and are not to be set aside or modified, unless there clearly appears to have been error or mistake on the part of the master.</p> <p>[Ed. Note.—For other cases, see Equity, Cent. Dig. §§ 904, 920-923; Dec. Dig. § 409.*]</p> <p>2. Equity (§ 404*)-—Hearing Before Master—Weight of Testimony.</p> <p>The fact that the testimony of a witness before a master is uncontradicted does not require the master to accept it as true and treat the case as one of pure law.</p> <p>[Ed. Note.—For other cases, see Equity, Cent. Dig. §§ 88G-S92; Dec. Dig. § 404.*]</p> <p>3. Receivers (§ 190*)—Manner of Keeping Accounts.</p> <p>It is'the duty of receivers to keep their accounts with such fullness and particularity that the source of all receipts and the purpose of all expenditures may be clearly ascertained therefrom.</p> <p>[Ed. Note.—For other cases, see Receivers, Cent. Dig. § 381; Dec. Dig. § 190.*]</p> <p>4. Receivers (§ 99*)—Accounting—Expenditures Allowable.</p> <p>Receivers for a corporation are not entitled to credit in their accounts for expenditures made in an effort to reorganize the corporation or to effect a private sale of its property, when neither of snch things was authorized by the court.</p> <p>[Ed. Note.'—For other cases, see Receivers, Cent. Dig. §§ 183-186; Dec. Dig. § 99.*]</p> <p>5. Receivers (§ 83*)—Management oe Property.</p> <p>While receivers are necessarily clothed with a considerable discretion in the management of the trust property, that fact does not excuse them for dealing with it carelessly or extravagantly.</p> <p>[Ed. Note.—Fo