125 F. 992 | E.D. Pa. | 1903
It was charged before the referee that when the bankrupt’s petition was filed he had in his possession $348.02, deposited in bank to the credit of “Samuel Kurtz, manager,” and that at least $270 thereof was his individual property, which should have been scheduled and turned over to the trustee. The referee was therefore asked to make an order requiring the bankrupt to pay to his trustee the sum thus improperly withheld. Testimony having been taken upon this application, the order was refused after a hearing, and the referee’s refusal is before the court for review.
The referee’s method of complying with the creditor’s request for a certification of the question presented is not to be commended. He did not obey the plain command of rule 27 (89 Fed. xi), which requires him, upon proper petition for a review of any order, “forthwith [to] certify to the j'udge the question presented, a summary of the evidence relating thereto, and the finding and order Of the referee thereon,” but merely transmitted to the clerk the notes of testimony, his own opinion, and the creditor’s petition for review. There is no attempt to certify the precise question that was ruled upon, and there is no summary of the evidence relating thereto. Both these provisions are important, and should be carefully observed. The certification of the question prevents disputes among counsel concerning the point presented and decided, and the summary of the evidence is required in order to save the j'udge the labor of examining what is often a mass of testimony on many different questions, and of extracting so much as may be relevant to the point immediately in hand. The summary may also be valuable as showing what evidence has been considered by the referee before coming to a conclusion. In the present case the absence of the summary is not so important as it might be in others, because all of the testimony has some bearing upon the question before the referee; but I take this occasion to call attention to the rule, with the expectation that it will be obeyed hereafter.
A careful examination of the testimony satisfies me that the order asked for should have been made. The bank account referred to was
It is accordingly ordered that the bankrupt pay over to his trustee the sum of $270, with interest from March 11, 1903, within 20 days from the filing of this order. Service of a copy thereof to be made immediately.