Meyer

Vensep, Inc., suffered business failure in its operation of a restaurant and cocktail lounge in Culver City, California. It made a general assignment of its assets to Meyer for benefit of its creditors. Later, in response to an involuntary petition in bankruptcy, it was adjudicated bankrupt. This action is brought by the Trustee in Bankruptcy against Meyer, as assignee, seeking to surcharge Meyer for sums paid by him to discharge certain obligations to the State of California and expenses of administration as improper disbursements under § 2, sub. a(21) of the Bankruptcy Act. 11 U.S.C.A., § 11 , sub. a(21). The referee ruled in favor of the trustee and the District Court affirmed granting judgment against Meyer in the sum of $4,437.40. Meyer then took this appeal.

The trustee has taken a cross-appeal upon the sole ground that the District Court erred in refusing to dismiss Meyer’s petition for review of the order of the referee as not having been taken within ten days. 11 U.S.C.A. § 67 , sub. c.

*730 This, however, is a matter directed to the discretion of the District Court. Pfister v. Northern Illinois Finance Corp., 1942, 317 U.S. 144, 153 , 63 S.Ct. 133 , 87 L.Ed. 146 . The…