In re Baum
| Decision Date | 05 April 1909 |
| Docket Number | 91. |
| Citation | 169 F. 410 |
| Parties | In re BAUM. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Joseph Loeb (Morris M. Cohn, on the brief), for petitioner.
J. H Carmichael, for respondent.
Before HOOK, Circuit Judge, and RINER and AMIDON, District Judges.
On the 26th of December, 1907, Newman Baum, the petitioner herein was adjudged a bankrupt by the United States District Court for the Western Division of the Eastern District of Arkansas upon a voluntary petition. The petition was referred to a referee on the same day, and on the 10th day of January 1908, James A. Comer was elected trustee by the creditors and duly qualified. On the 24th of April, 1908, the trustees filed a petition with the referee praying that the bankrupt be required to appear on the 15th day of May, 1908, to show cause why he should not turn over to the trustee certain moneys or merchandise alleged to have been knowingly and fraudulently concealed by the bankrupt. A response or answer was filed to the petition of the trustee by the bankrupt denying all of the allegations of the petition. The testimony was taken, and on the 16th of June, 1908, the referee found that the bankrupt withheld from the trustee the sum of $17,929.54. A petition for review was filed by the bankrupt with the referee, and the proceeding, including the evidence taken before the referee, was certified to the District Court. Upon consideration of the record and testimony, the District Court entered the following order:
'This cause coming on to be heard on the petition of Newman Baum the bankrupt herein, for a review of the order of the court entered herein by the Honorable Charles C. Waters, one of the referees of this court, requiring said Newman Baum to pay over to James A. Comer, trustee in bankruptcy of the bankrupt herein, the sum of $17,929.54, and a certification of said referee as to the disobedience of said Newman Baum of said order and of the recommendation of said referee, and this court, reviewing the testimony, doth find that said Newman Baum has concealed assets and failed to turn over to the trustee the sum of $16,461.62, and he is hereby ordered to pay the said sum of $16,461.62 into the registry of this court within thirty days from the date hereof, and in default thereof that he be held guilty of contempt of this court, and the marshal of this court is directed to arrest said Newman Baum and confine him in the Pulaski county jail, and there safely keep him until the orders of this court shall be complied with or he be discharged by the court.'
And a petition to revise and review this order was filed in this court.
The record does not contain the evidence taken by the referee which was before the...
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