58 F.2d 628 | 4th Cir. | 1932
This is an appeal from an order disallowing the claim of one E. H‘. Meadows for expenditures incurred by him as a trustee, filed with the receivers appointed for the E. H. & J. A. Meadows Company by the court below in the suit of the Davison Chemical Company against E. H. & J. A. Meadows Company. The district judge did not find the facts with regard to the claim of Meadows nor state his conclusions of law with regard thereto, as required by equity rule 70%; and it is impossible for this court to review .the order with any understanding of the grounds upon which the court acted. The case will be remanded, therefore, in order that the judge may, in compliance with the rule, find the facts and set forth his conclusions of law.
It is argued that the action of the court should be affirmed because it appears from the record that the claim was not properly filed within the time allowed, and also because it does not appear that the expenditures for which claim was filed were not made by claimant with the approval of his co-trustees. Neither of these contentions can be sustained. The record shows that the claim was filed within the time allowed; and, although it was not verified, it was accepted by the receivers without protest and was passed upon by them and by the court. At the hearing before the receivers, the claimant offered to verify the claim. Under such
Remanded.
