In re United Grocery Co.
| Citation | 253 F. 267 |
| Parties | In re UNITED GROCERY CO. |
| Decision Date | 08 August 1918 |
| Court | U.S. District Court — Southern District of Florida |
L. R Milton, of Jacksonville, Fla., for objecting creditor.
Cockrell & Cockrell, of Jacksonville, Fla., for trustees.
On January 4, 1917, the United Grocery Company was adjudicated a bankrupt, and receiver appointed in said cause. Subsequently the trustees were duly elected by the creditors and appointed by the referee. On January 4, 1917, the bankrupt was indebted to the Heard National Bank in the sum of $30,480.47. The Heard National Bank closed its doors on January 16, 1917, and in due course a receiver to wind up its affairs was appointed by the Comptroller of the Currency. Between the 4th and the 16th of January, 1917, the receiver of the bankrupt deposited with the Heard National Bank to his credit as receiver various amounts which aggregate, after the payment of certain checks against the deposit, the sum of $7,586.04. On January 19, 1917, the receiver of the Heard National Bank filed his proof of claim before the referee in the above stated amount. On March 26, 1917, the trustees of the bankrupt filed their petition before the referee to re-examine the proof of claim of the receiver of the bank, and to strike the same from the files, or to disallow the same, or to cause the same to be modified, or to give such relief in the premises as may be consistent with justice and the acts of Congress.
On March 27, 1917, the referee made an order for a re-examination of the proofs of the bank's claim. On October 26, 1917, a stipulation of facts was filed before the referee, and a hearing had upon the petition to re-examine and such stipulation of facts. On October 31, 1917, an order was entered by the referee, allowing the bank's claim in the sum of $30,480.47, upon the payment to the trustees by the receiver of the bank of $7,586.04, deposited by the receiver of the bankrupt in said bank, prior to January 16 1917, and after his appointment on January 4, 1917. On November 3, 1917, the bank's receiver filed his petition for a review, assigning three errors as follows:
(1) That the referee erred in allowing the claim of the bank on condition that the deposit should first be paid to the trustees of the bankrupt.
(2) That the referee erred in holding that the trustees were entitled to the payment of the deposit before the bank's claim could be proved.
(3) On the petition to re-examine the claim, the only order the referee could make was an order allowing said claim in whole or in part, or an order rejecting said claim in whole or in part, and the order in this case does neither.
The two first assignments raise the same question and may be considered together.
I will take up the third assignment first. Section 57k, of the act (Act July 1, 1898, c. 541, 30 Stat. 560 (Comp. St. 1916, Sec 9641)) is as follows:
'Claims which have been allowed may be reconsidered for cause and reallowed or rejected in whole or in part, according to the equities of the case,' etc.
The order of the referee in this case allows the claim...
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