In re Gordon Supply & Mfg. Co.
In re Gordon Supply & Mfg. Co.
Opinion of the Court
The bankruptcy act provides that all real and personal property belonging to bankrupt estates shall be appraised by three disinterested appraisers, who shall be appointed by and report to the court. Section 70b, Act July 1, 1898, c. 541, 30 Stat. 566 [U. S. Comp. St. 1901, p. 3451]. The manifest purpose of this is to secure for the benefit and protection of all parties concerned a designation and estimate of the property which passes into the hands of the trustee, and for which in the first instance he is accountable. The particularity with which it is to be made is not indicated, and must depend somewhat on circumstances, there being no set rule which can be laid down. It is not to descend into minutiae, however, nor go into the detail practiced by a merchant taking inventory of his stock. This is not only unnecessary, but it involves too much expense, and, as an economical administration is the cardinal rule of the bankruptcy law, it is not sanctioned thereby. An appraisement must be general, rather than special, only such particularity being indulged in as will be sufficient to reasonably identify the property in character and quantity, and give a fair idea of its value. More than this is not expected, and therefore to be avoided; or at least, if indulged in, must be paid for by those who direct it, and not out of the estate. It is in this respect that the appraisement for which the present bills are rendered errs, and, as the same is true of several others which have recently been before the court, I am moved to give expression to this opinion for the guidance of the profession and others. The aggregate charges of the appraisers in this case amount to $200; one of them claiming $95, another $80, and the third $25, according to the number of days which were, respectively, spent by each in the performance of their duties. The rate charged — $5 a day — is not out of the way, but the time is entirely beyond what was called for, the two whose bills are the largest having devoted the one 19 and the other 16 days to the work, which was extended over nearly 6 weeks. There is no question as to the completeness and accuracy of what was
Bills approved.
Reference
- Full Case Name
- In re GORDON SUPPLY & MFG. CO.
- Status
- Published