Coffman
Coffman v. Cobra Mfg. Co.
Opinion
Opinion
Stephens, J.
As will hereinafter more particularly appear, Harry J. Coffman is here appealing from a judgment of the district court in a supplementary proceeding ordering that he pay to the Cobra Manufacturing Company the sum of $6,254.25, together with interest at the rate of six per cent, per year from November 5, 1947, and costs. The order is based upon the findings of a special master that Coffman owed more than the above stated amount to Aircraft Engineering Company against which Cobra holds an unsatisfied judgment in the stated amount.
In March, 1946, Cobra filed a petition for an arrangement under Chapter XI of the Bankruptcy Act. Aircraft filed a proof of claim *against Cobra in the sum of $1,868.16. Such claim was denied by the bankrupt who also filed a counterclaim and set-off against Aircraft for $6,254.
The referee in bankruptcy conducted a summary hearing on the claim and counterclaim. No objection to the proceeding was interposed. At the conclusion of the hearing the referee made findings of fact and conclusions of law denying Aircraft’s claim entirely and entering an order awarding Cobra $6,254.25 on its set-off and counterclaim. The order of the referee, signed May 20,…