In re Bauman

This is an appeal from an order of a referee in an involuntary bankruptcy proceeding commenced November 25, 1929. The claimant in this proceeding, the Half Moon Fruit & Produce Company, is a copartnership engaged in the business of commission merchants at San Francisco. For a period of ten years prior to the above-mentioned date this firm made seasonal advances to E. C. Bauman, the bankrupt, a produce grower, in consideration of delivery to it of produce for sale on commission. The partnership had advanced to Bauman at the time of this proceeding the sum of $61,180.18. Prior to September 30, 1929, the grower had shipped seventy-five carloads of melons under bills of lading to the claimant as consignee. The referee found that the grower was insolvent on September 30, 1929, and that such fact was on that date known to the claimant. "With this finding the claimant here makes no objection. There was realized on the sale of the melons the sum of $10,078.65 net, which amount the claimant collected and applied to the-grower’s account for advances and charges. The firm filed with the referee a claim for the balance owing, to wit, $51,-101.53. The trustee contended 'the $10,078.-65 so…