Western Dry Goods Co. v. Baxter

Citations

• 197 F. 136
• 1912 U.S. App. LEXIS 1274

Syllabus

<p>1. Bankruptcy (§ 439*) — Appellate Proceedings — -Mode op Review.</p> <p>Where the facts upon which an order of a court of bankruptcy was based are not in controversy, but their legal import only, and the order is one of the regular steps in the bankruptcy proceedings, it is reviewalde on petition to revise in matter of law under Bankr. Act July 1, 1898, C. 541, § 24b, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3132).</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent,. Dig. § 915; Dec. Dig. § 439.*</p> <p>Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.]</p> <p>2., Bankruptcy (§ 269*) — Sale of Property — Proceedings by Creditor to Set Aside.</p> <p>The properly of a bankrupt corporation, consisting of a large stock of merchandise, was sold, the sale confirmed, the price paid, and the purchaser went into possession, and sold a large part of the stock at retail with other goods. Held, that a creditor could not maintain a petition for a summary order setting aside the sale, and requiring the purchaser to turn over the remaining property and the proceeds of that sold, on the ground that through a conspiracy between the purchaser and former employes of the bankrupt the stock was purchased for a grossly inadequate price, the remedy in such case, if any, being by a plenary suit by the trustee for an accounting, and there being no allegation of collusion on his part, or that he had been requested to bring such a suit, nor that any tender had been made to the purchaser or was practicable.</p> <p>| Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 370; Dee. Dig. § 269.*]</p> <p>3. Bankruptcy (§ 368*) — Receivers—Compensation—“Conduct Business.”</p> <p>A receiver in bankruptcy who took possession of, advertised, and sold the property of the bankrupt, consisting of a stock of merchandise, was more than a mere custodian, and entitled to compensation accordingly under Bankr. Act July 1, 1898, § 48d, as added by Act June 25, 1910, c.