BROWN v. SCHWEHM

No. 5320.

72 F.2d 1010 (1934)

John Arthur BROWN, Trustee of Jacob Wiener, Samuel Winer, and Jacob Sporkin, Individually and as Copartners Trading as Wiener Bros. & Sporkin, Bankrupts, Appellant, v. John H. SCHWEHM, Formerly Receiver and Trustee of Jacob Wiener, Samuel Wiener, and Jacob Sporkin, Individually and as Copartners Trading as Wiener Bros. & Sporkin, Bankrupts, Appellees.

Circuit Court of Appeals, Third Circuit.

July 13, 1934.


Attorney(s) appearing for the Case

Edward Stone, Philip Werner Amran, and Aarons, Weinstein, Stone & Goldhaber, all of Philadelphia, Pa., for appellant.

Joseph A. Keough and Levi & Mandel, all of Philadelphia, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


PER CURIAM.

In this bankruptcy case, which concerned the administration of a large quantity of unfinished clothing, the present trustee sought to surcharge the former trustee with some $14,000 for his fraudulently doing what he ought not to have done, and with some $11,000 additional, for his failure to do what it is alleged he ought to have done and whereby, it is alleged, he would have bettered the estate to that extent. This latter surcharge the court below refused...

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