Knight

Seattle Curb Exchange v. Knight

Good Law
59 F.2d 39·1932 U.S. App. LEXIS 3303
United States Court of Appeals for the Ninth CircuitApril 4, 1932No. 6602California2,043 words

Opinion

Lead Opinion

Wilbur, J.

The principal facts in this matter are stated in onr opinion in the former appeal, Seattle Curb Exchange v. Knight, 46 E. (2ld) 34. Upon the return of the case to the trial court- for further proceedings the referee heard evidence with reference to the disposition of the funds derived from the sale of the seat of the bankrupt in the Seattle Curb Exchange. The appellant claims to have disbursed the $3,590 received from the sale of the seat as follows:

To the Seattle Curb Exchange $ 59.

To Miller, Court & Co. ■ 3,451.

To E. W. Knight, on account 438.

$3,950.

The referee determined that the two latter claims were not properly payable from the fund, under the rules of the Stock Exchange, and ordered the appellant to turn over that amount to the trustee with interest 'at 6 per cent, from the date of the sale of the seat, September 25,1929. The appellant challenges the jurisdiction of the referee in bankruptcy and of the trial court to make the turnover order in the light of its contention that the money had been disbursed in accordance with the rules of the Exchange.

It is contended that upon the showing of the appellant that it claimed to have disbursed the money in…

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