San Diego Wholesale Credit Men's Association v. Ralph E. Garner, Trustee in Bankruptcy of the Estate of William P. Hume and Gwen D. Hume
Opinion
Opinion
Jertberg, J.
Before us is a timely appeal from an order entered by the District Court affirming an order of the Referee in Bankruptcy whereby appellant was ordered to pay over and deliver to appellee, as trustee in bankruptcy of the estates of William P. Hume and Gwen D. Hume, his wife, the sum of $22,659.93, and to account for all property of bankrupt Hume in its hands as an assignee for benefit of creditors. The trustee’s petition for such an order invoked the referee’s jurisdiction under Section 2 sub. a(21) of the Bankruptcy Act ( 11 U.S.C. § 11 ).
The District Court’s jurisdiction to review the referee’s order is under 11 U.S.C. § 67 . This court has jurisdiction to review the District Court’s order under 11 U.S.C. § 47 .
The material facts are not in dispute and may be summarized as follows:
Prior to May 23, 1960, Gordon’s Markets, Inc., a corporation (hereinafter referred to as Seller) owned and operated a certain grocery market located in San Diego, California.
On May 23, 1960, Seller and the bankrupt, William P. Hume, (hereinafter referred to as Bankrupt) entered into an escrow agreement whereby Seller agreed to sell and Bankrupt to buy said business.