Beecher

Beecher v. Leavenworth State Bank

Good Law
187 F.2d 448
United States Court of Appeals for the Ninth CircuitMarch 5, 195112216_1California2,339 words

Opinion

Opinion

Denman, J.

Beecher appeals from an order of the district court entered on December 20, 1948, affirming orders of the conciliation commissioner fixing the value of Beecher’s orchard properties for the purpose of determining the amount to be paid into court to effect a redemption under Section 75, sub. s(3) of the Bankruptcy Act and denying Beecher’s request for a continuance of the hearing at which the value was determined.

The hearing to determine value was .held by the commissioner pursuant to the order of the district court terminating the stay of proceedings, which order terminating stay, we have affirmed. Beecher v. Leavenworth State Bank, 9 Cir., 184 F.2d 504 .

The respective values of nine different portions of the orchard, as well as the value of the orchard as a whole, were determined on the basis of evidence submitted only by the creditors in, a proceeding at which Beecher was absent and not represented by counsel. It is obviously to Beecher’s advantage to have as low an estimate of value as the facts will warrant and that his presence at the hearing on value in person or by counsel, if he desire it, is essential to its fair determination. In this connection, Beecher well may have…

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