Wells

Wells v. Lincoln

Good Law
130 C.C.A. 641·214 F. 227·1914 U.S. App. LEXIS 1135
United States Court of Appeals for the Ninth CircuitMay 11, 1914No. 2358California1,101 words

Opinion

lead Opinion

Ross, J.

These are cross-appeals — the trustee complaining of the judgment of the court below approving the order of the referee in bankruptcy allowing the claim of the appellant against the bankrupt’s estate, and the appellant and claimant Wells contending that the judgment is erroneous, in that, while approving the order of the referee allowing Wells’ claim in the sum of $56,389.16 against the estate, it denied him “the right to receive any dividends on his said claim out pf the proceeds realized” from certain property afterwards 'to be mentioned, until the. claims of all other creditors of the bankrupt should be fully satisfied.

[ 1 ] In respect to the appeal of the trustee, it is sufficient to say that both the referee and the court- below found against the contention that the claim of Wells was invalid, with which conclusion the evidence does not justify us in interfering. '

[2] The property referred to was.property conveyed by a certain corporation, styled “Wenatchee Heights Orchard Company,” in which Wells was largely interested, and of which he and one McPherson had control, to another corporation, styled “Summit Investment Company,” which they caused to be incorporated, and…

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