McAdoo & Neblett v. F. P. Newport Corp.

In the matter of F. P. Newport Corporation, Limited, bankrupt, the referee made an order appointing Hubert F. Laugharn as trustee in bankruptcy, stating as a reason therefor that no trustee had been elected by the creditors. On petition for review, the District Court made an order disaffirming and setting aside the referee’s order, and declaring that H. F. Metcalf was the duly elected trustee. Appellant, a creditor ■ of the bankrupt estate, seeks to have the court’s order reversed and the referee’s order affirmed.

The pertinent facts, so far as the record discloses them, are as follows:

An involuntary petition in bankruptcy was filed against the above-named corporation on March 19, 1935. Pending disposition thereof, H. F. Metcalf was appointed as receiver and functioned as such until January 12, 1937, when the corporation was adjudged to be an involuntary bankrupt. There was the usual order of reference. February 23, 1937, was designated by the referee as the date on which the first meeting of creditors would be held and, after due notice, such meeting was held on the designated date.

On or prior to February 23, 1937, claims against the bankrupt estate were filed by Mrs. F. P.…