Good v. Kane
Good v. Kane
Opinion of the Court
“The whole ease turns, on the amount of goods sold Herman Faber and the amount of cash received from Faber. The referee found he received $5,-000 in cash from Faber, and the evidence conclusively shows, and petitioner contends, he received but $3,000 in cash from him. The difference is the $2,000 the referee ordered paid.”
If the crucial question had been, as counsel asserts,' whether the bankrupt received $5,000 or $3,000 from Faber, it would not be reviewable in this case, for he testified on his general examination no less than four times that he received $5,000 in cash from him, and on his subsequent examination on the order to show cause he téstified that he received only $3,000. His own testimony was both competent and conflicting. This hearing is on a petition to revise, and decisions of disputed questions of fact on conflicting evidence are not reviewable upon a petition to revise, although the question of law whether or not there was any substantial evidence to sustain such- a decision oy order may be considered and determined upon such a petition. In re Frank, 182 Fed. 794, 797, 105 C. C. A. 226, 229; Kirsner v. Taliaferro, 202 Fed. 51, 56, 120 C. C. A. 305, 310; In re Lee, 182 Fed. 579, 581, 105 C. C. A. 117, 119.
The conclusion is that there was competent and substantial evidence to support the finding and order below, and the petition to revise is, accordingly, dismissed.
Reference
- Full Case Name
- GOOD v. KANE
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- Syllabus
- (Syllabus by the Court.) . ■1. Bankruptcy (§ 136*)—Summary Proceedings Against Bankrupt—Evidence. On a hearing upon an order on the bankrupt to show cause why he should not be required to turn over assets to the trustee, his testimony on his general examination at the first meeting of his creditors is admissible against him, even though the referee at that examination erroneously denied the bankrupt the right to have his counsel cross-examine him and give him an opportunity in that way to explain and to correct the testimony on his examination. [Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 233, 235; Dec. Dig. § 136.*] 2. Bankruptcy (§ 446*)—Petition to Revise—Decisions Reviewable. Decisions of disputed questions of fact on conflicting evidence are not reviewable upon a petition to revise. But the question of law whether or not there was any substantial evidence to sustain a decision or order may be considered or determined by the appellate court upon such a petition. [Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 929; Dec. Dig. §■ 446.* Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.] 3. Bankruptcy (§ 136*)—Possession of Property—Presumption—Burden of Proof. When property of a bankrupt estate is traced to the possession of one on the eve of his bankruptcy, it is presumed to remain in his possession or under his control until he satisfactorily accounts to the court of bankruptcy for its disposition or disappearance, and the burden is on him so to account. Pie cannot escape an order for its surrender by a mere denial under oath that he has the property or its proceeds in his possession or under his control, or that they are the property of the bankrupt estate. [Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 233, 235; Dec. Dig. § 136.*]