113 F. 1002 | E.D. Pa. | 1902
Conceding, for present purposes, that the claimant had a lien for the full amount of his debt upon the clothing shipped October 2,1901,1 am nevertheless of opinion that he cannot be awarded priority of payment out of the fund in hand, for the following reasons: The fund was produced by the sale of all the bankrupt’s personal property, including the clothing manufactured by the claimant, clothing manufactured by other persons, and various other articles; and there is no evidence concerning the price for which the suits in question were sold. The claimant had notice of the sale, which was made by the receiver under an order of court, and was after-wards duly confirmed without objection; and he should have asked the court to direct this clothing to be sold separately, in order that the
The referee is instructed to disallow the claim to priority.