U.S. Court of Appeals for the Fourth Circuit, 1936

Steverson v. Clark

U.S. Court of Appeals for the Fourth Circuit · Decided November 17, 1936 · Parker, Soper, Chesnut

86 F.2d 330; 1936 U.S. App. LEXIS 3737 (Federal Reporter, Second Series)

Counsel

S. P. Knotts, Jr., of Columbia, S. C., for appellant., M. E. Zeigler, of Orangeburg, S. G, for appellees.

Cases that cite this one

10 later published cases cite this decision.

In re Henderson (5th Cir. 1938)
Chaney v. Stover (4th Cir. 1941)
In re Anderson (District Court, D. North Dakota 1938)
Massey v. Farmers & Merchants Nat. Bank & Trust Co. (4th Cir. 1938)
Sheets v. Livy (4th Cir. 1938)
Bender v. Federal Farm Mortgage Corp. (8th Cir. 1938)
In re Dandy (District Court, W.D. South Carolina 1938)
Coleman v. Federal Land Bank (6th Cir. 1937)
In re Brewster (District Court, W.D. Louisiana 1937)
In re Dionne (District Court, D. Maine 1937)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from an order refusing to adjudicate appellant a bankrupt under subsection (s) of section 75 of the Bankruptcy Act, as amended by the second Frazier-Lemke Act (Act Aug. 28, 1935, § 6 [11 U.S.C.A. § 203 (s). The judge below approved findings by the Conciliation Commissioner to the effect that an offer of composition and extension had not been made in good faith by the bankrupt; and he accordingly refused an adjudication of bankruptcy and dismissed the proceedings on that ground. For that reason, he found it unnecessary to pass upon the constitutional validity of the second Frazier-Lemke Act, although this was duly challenged in appellees’ motion to dismiss. We find nothing in the record which would justify us in disturbing the order of the District Judge approving the findings of the Conciliation Commissioner, and we agree that these afford sufficient ground for denying the adjudication and dismissing the proceedings. In re Borgelt (C.C.A.7th) 79 F.(2d) 929. In addition to this, we have recently held that the second Frazier-Lemke Act is void because violative of the Fifth Amendment to the Constitution. Robert Page Wright, Bankrupt, v. Vinton Branch of Mountain Trust Bank and five other cases (C.C.A. 4th) 85 F.(2d) 973. In any aspect of the case, therefore, the judge below properly denied the adjudication and dismissed-, the petition. The order appealed from will accordingly be affirmed.

Affirmed.

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