269 F. 139 | 5th Cir. | 1920
June 10, 1918, the Curtis-Clark Company was adjudged a bankrupt, and thereafter D. F. Rockhold, trustee, filed an application before the referee to compel the return by petitioner of certain merchandise, which petitioner was alleged to have acquired without complying with the laws of Texas relating to sale of merchandise in bulk, more than four months prior to the bankruptcy proceedings. In a summary proceeding the referee entered an order requiring petitioner to pay over to the trustee the sum of $2,938.43, which he found to be the value of the merchandise, together with interest thereon, and also expunging the petitioner’s claim as creditor against the bankrupt estate. Upon a certificate for review, this order of the referee was affirmed by the District Judge.
The order of the referee, complained of, is vacated and set aside, without prejudice .to the right of the trustee to pursue such remedy in a plenary suit as he may be advised.