13 F.2d 1004

In re NEW ENGLAND TIRE & RUBBER CO.

(District Court, D. Massachusetts.

June 15, 1926.)

No. 34520.

: Daniel Needham, of Boston, Mass., for creditor Gotham Nat. Bank.

,F. - Paul Wei sell, of Boston, Mass., for creditor' George W. Pitman.

MORTON,' District Judge.

A single

oreditor has no standing, after the appointment and qualification of a trustee, to claim review of an order' affeeting the estate generally; such review can be taken only by the trustee. In re Lewensohn (C. C. A. 2d) 121 F. 538, 57 C. C. A. 600; Remington on Bankruptcy (3d Ed.) § 3634; Collier on Bankruptcy (13th Ed.) p. 1172. The proper practice, where the trustee refuses to act, is by application to the referee, or to the judge, to direct him to act, or to authorize the creditor to act in the trustee’s name. In re Mexico Hardware Co. (D. C.) 197 F. 650.

Moreover, if the review were properly here, the facts must be taken as stated in the certificate; the evidence not being reported. The question involved is one of business administration, on which the judgment of the referee is entitled to -much weight; and it by no means appears that his order was clearly wrong.

Petition for review dismissed.

In re New England Tire & Rubber Co.
13 F.2d 1004

Case Details

Name
In re New England Tire & Rubber Co.
Decision Date
Jun 15, 1926
Citations

13 F.2d 1004

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!